Evidence Act, 1872, Section 45 -- Disputed signatures - Opinion of handwriting expert - Mere belatedness in filing the application not a ground for rejecting the request of petitioner...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quashing of FIR - Suicide because of non fulfillment of demand of dowry made from sister of deceased - Suicide note recovered but not examined by handwriting expert - Even if suicide note is accepted as true no ingredients of offence u/s 306 IPC could be spelt out from the same - Merely because a person..........
Indian Penal Code, 1860, Section 300 -- Murder - Injury sufficient in ordinary course of nature - Proof of - Sufficiency of injury has to be proved by pure medical examination and opinion of doctor and it has nothing to do with fact whether accused had knowledge of its sufficiency or not...........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25(1B) -- Murder - Plea of non compliance of S.313 Cr.P.C. - Material evidence and Ballistic Expert opinion not put to accused in his statement u/s 313 Cr.P.C. - Objection regrading defective statement u/s 313 Cr.P.C not raised either before trial Court or High Court -..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on defendant, plaintiff..........
Evidence Act, 1872, Section 45 -- Expert opinion - Party who seeks assistance of Expert's opinion should demonstrate at the earliest point of proceedings as to how expert's opinion would help Court to arrive at a just conclusion...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Expert opinion - Material on record adequately brought by parties so as to form independent opinion with regard to Exs.B-2 & B-3 - Expert's opinion is not really required in the matter - Interlocutory application rightly considered by Court below as dilatory tactics...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Signature comparison - Specimen signatures - Court can direct a party to give his specimen handwriting and signatures for the purpose of comparison with the disputed signatures and handwriting so as to reach to a conclusion for adjudication of the matter in controversy...........
Indian Penal Code, 1860, Section 302, 498A, 201 -- Murder - Cruelty - Medical & scientific evidence proved that accused committed murder of his wife by strangulation with the aid of cable wire - Accused was very much present at the time when deceased breathed her last therefore, the best person who could have come forward with appropriate explanation to clear the doubt..........
Criminal Procedure Code, 1973, Section 354(3) -- Death sentence - As a matter of right it is imperative for Criminal Court to consider S.354(3) Cr.P.C. the `special reasons' for imposing death sentence - It is not sufficient for Court to give reasons pertaining to cruel and heinous acts of accused but Court must consider special reasons why it is of opinion that in a..........
