Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- Presumption u/s 106 Evidence Act - In a trial for murder it is extremely weak in comparison with the dominant presumption of innocence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Question of sending cheque to FSL for comparison of signatures arises only when accused comes forward with the specific plea that the said cheque was not signed by her...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures on cheque by FSL - Cheque can be sent for comparison of signatures only when there is a specific plea that the said cheque was not signed by her - In reply to the notice accused stated that the said cheque was not issued by her and it was not stated that it was not signed by her..........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Signatures - Comparison - Defendant denied his signatures on memorandum of partition - Burden is on plaintiff to prove his case - Order for comparison of signatures by hand-writing expert, upheld...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonor of cheque - Expert opinion- Accused denied his hand-writing and signatures on cheque allegedly issued in course of business dealing - Complainant made no efforts to refer cheques to hand-writing expert - However, accused prepared to give his specimen signatures and hand-writing for..........
Criminal Procedure Code, 1973, Section 243, Indian Penal Code, 1860, Section 380, 411 -- Theft in dwelling house and recovery of stolen property - Accused prayed for comparison by an expert of three signatures available in the record of RTO - Question of selling and purchasing of alleged stolen motorcycle by accused - Matter not with purview and jurisdiction of Criminal..........
Evidence Act, 1872, Section 67 -- Thumb impression - Proof of - Comparison of disputed thumb impression with standard thumb impression - Standard thumb impression relating to some Bahi Entry - Bahi not page marked and there was no date relating to the writing in the Bahi - Witness examined to prove to prove writing in Bahi is none other than the real brother of plaintiff -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Link evidence - Dent in the link evidence when sample seal not sent to the office of Chemical Analyst for comparison with the seal impressions on the parcel containing sample - Held, report of Chemical Examiner cannot be said to have been sufficiently linked with the sample allegedly..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Cheque alleged to be forged and fabrication - Comparison of signatures by an expert - Opportunity granted to examine an expert at own cost...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Comparison of handwriting by expert as body of cheque filled in by another person - Accused is entitled to have cheque examined by an expert...........
