Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Signatures on vakalat, written statement and another unstamped pronote cannot be termed as admitted signatures - Document cannot be sent to expert for comparison of signatures in the absence of filing of a authentic document containing admitted signatures...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 44, 45 -- Bail - Money laundering - Specific role attributed to accused - Registration of present complaint is sequel to registration of FIR for predicate offence - No final report was filed for predicate offence for past nine years - Accused is a Chartered Accountant by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Suit for recovery on basis of promissory note - Defendant denied his signatures on promissory note and took a plea that he had no acquaintance with plaintiff - Filing of application for expert opinion at belated stage is not a ground to dismiss the petition - Application allowed...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity of child an admitted fact and not a question in controversy - DNA examination is quite unnecessary in such a case - Application for DNA test rejected...........
Evidence Act, 1872, Section 45 -- Voice sample - During investigation - When accused denies to give voice sample, Magistrate ought to have noted down the fact of denial and nothing beyond that - In the impugned order observation regarding adverse inference to be drawn, struck off...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Ascertaining age of ink - Govt. experts opinion that there is no possibility of ascertaining age of ink of document - It is possible for petitioner to adduce other evidence to prove his contention - Application filed before adducing his evidence - Application cannot be allowed - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Rigours of S.45 of PML Act is applicable even with respect to application u/s 438 Cr.P.C - Order granting anticipatory bail set aside...........
