Evidence Act, 1872, Section 45 -- Handwriting and fingerprint expert - Petitioner was granted numerous opportunities including last and final opportunities, but failed to conclude his evidence - Consequently, his evidence was closed by Court and said order was never challenged by petitioner before any Court - Same amounts to waiver of right - Therefore, subsequent..........
Evidence Act, 1872, Section 45 -- Expert opinion - Opinion of an expert including a medical board, is not binding on Court, but is merely advisory in nature - While expert opinions are relevant and may assist Court but Court retains responsibility of framing its independent judgment based on evidence available on record...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contemporaneous signatures - Application for comparison of signatures dismissed on the ground that documents containing admitted signatures were not contemporaneous documents - However, High Court has not made any observation with respect to whether document is contemporaneous or not, nor that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alterations - Application for expert opinion was allowed but accused failed to comply with conditions and cheque was not sent for examination - Having neglected that opportunity, accused may not raise material alteration now...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures on cheque - Cheques in question were not issued by petitioner - Question of sending cheques for comparison cannot be allowed, as same belong to third party - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Bail - Contraband - 11 bottles of codeine were recovered from bedroom of petitioner - Executive Magistrate has categorically stated that he did not accompany raiding party and he only sealed samples which were brought to his office by police -..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his initial evidence - There is no statement of plaintiff closing his evidence - Plaintiff in rebuttal evidence was allowed to examine handwriting expert - Plaintiff got receipt examined from handwriting expert - Now he is required to prove the same - Such evidence could be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of Courts below that plaintiff failed to prove encroachment or interference by defendants - Demarcation report and expert witnesses confirmed that both the parties were in possession of their respective Khasra numbers disproving plaintiff's case of..........
