Indian Penal Code, 1860, Section 53 -- Punishment - Award of sentence - Mitigating factor - Post conviction severe mental illness - Directions issued that: (i) assessment of such disability should be conducted by a multidisciplinary team of qualified professional (Experienced medical practitioners, criminologists etc.), including professional with expertise in accused's..........
Evidence Act, 1872, Section 45, 73 -- Promissory note - Alteration - Expert opinion - Alteration when visible to naked eye then Court to decide it as to whether such alteration is material alteration and Court need not to refer the disputed document for opinion of expert. (Para7)..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Once direct evidence is available, Court should not in normal circumstances rely upon opinion given by private experts who most of the time give opinion in favour of the party who engages them...........
Indian Penal Code, 1860, Section 302, 307, 120B, 34 -- Murder - Conviction - Accused found guilty of two murders and sentenced to undergo 30 years of imprisonment with fine of Rs.3 Lakh - Appreciation of evidence - High Court after taking note of testimony of eye-witnesses recorded brief description of depositions of these witnesses - Furthermore, Court also taken note of..........
Evidence Act, 1872, Section 45 -- Expert opinion - Issue of disputed thumb impression being or not being of one to whom it is attributed is indeed a matter of science as it cannot be reasonably determined one way or the other by the naked eye even of a Judge - a layman on such matters - No error committed by trial Court while allowing application - Besides no prejudice is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application of petitioner for examining handwriting and fingerprint expert has been dismissed - Petitioner not denied his signature on cheque in cross-examination and in his statement u/s 313 Cr.P.C. rather he admitted the same - Whether cheque issued by..........
Evidence Act, 1872, Section 45 -- Expert opinion - Infringement of copyright - Scope of comparison - Comparison of registered object code and source code of software of plaintiff with defendants software - Matter went on the aspect of registered copy right and rights emanating thereunder - Trial Court therefore, justified in restricting comparison of source code and object..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - If two sets of signatures are sent to an expert and his opinion is obtained, though it may be in the nature of opinion evidence, yet it will be one more additional piece of evidence, which may be of considerable assistance to Court not only in assessing entire evidence including other evidence,..........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Contract of sale - Suit for specific performance - Plaintiff is making a request to send vakalat and written statement containing signatures of defendant and also contract of sale said to be containing signatures of defendant to an expert - It is not for defendant to contend that request of..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 75(e) -- Expert opinion - Comparison of disputed signatures with admitted signatures - If Scientific Investigation is going to help in extracting the truth and determining the controversy raised in the dispute before the Court, then such an investigation could be permitted - Basic idea is whether such..........
