Indian Penal Code, 1860, Section 300, 304 Part II and, 326, Evidence Act, 1872, Section 45 -- Murder - Stab injuries - Failure of doctor who conducted post mortem to certify that injuries are sufficient in ordinary course of nature to cause death - Conviction u/s 326 - Held, omission of doctor to give such certificate cannot be a ground for not forming its own opinion on..........
Evidence Act, 1872, Section 45 -- Comparison of disputed signatures with admitted signatures - Sought during pendency of first appeal - Application rejected - Permission sought after 10 years of filing of first appeal - No explanation for the delay - No reason for not taking the step in the trial Court inspite of the fact that execution of the alleged agreement was denied..........
Insurance Act, 1938, Section 45 -- Insurance - Repudiation of claim by insurer on ground of mis-statement - Mere inaccuracy or falsity in respect of some recitals or items in proposal not sufficient - Statement must be on material matter, must be fraudulent and that policy holder knew it was false - Burden of proof is on insurer - Repudiation should not be mechanical...........
Evidence Act, 1872, Section 45 -- Expert opinion - Belated application for comparison of signatures cannot be discarded if comparison of signature is a must for fair decision of the case...........
Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 293 -- Expert evidence - Report of Govt. scientific expert - Report is opinion of Asstt. State Examiner of Documents - From that description alone, it cannot be gathered whether his office would fall within purview of S.293 Cr.P.C. - Held, without examining expert as a witness in Court, no reliance can..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 45 -- Rape - Age of victim - Determination of - Age fixed by doctor only on basis of clinical examination - Ossification test or other pathological tests not performed - Held, assessment of age so made is based on fragile premises...........
Evidence Act, 1872, Section 45, 47, 73 -- Signatures - Genuineness - Comparison by Court - Court should not decide the dispute on basis of its own comparison of disputed signatures with admitted one, unaided by expert evidence and evidence of attesting witness to execution of promissory note...........
Evidence Act, 1872, Section 45 -- Expert's evidence - Held, doctor can never be absolutely certain on point of time so far as duration of injuries are concerned...........
Evidence Act, 1872, Section 45 -- Signatures - Comparison by Court - Court is always competent to compare the admitted and disputed signatures and come to a conclusion - However, ordinarily the Court should avoid comparing the admitted signatures with the disputed signatures - The prudent course is to obtain the opinion and assistance of an expert...........
Evidence Act, 1872, Section 45 -- Expert evidence - In order to bring the evidence of a witness as that of an expert it has to be shown that he has made a special study of the subject or acquired a special experience therein or in other words that he is skilled and has adequate knowledge of that subject...........
