Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........
Evidence Act, 1872, Section 45 -- Disputed signatures - Opinion of handwriting expert - Mere belatedness in filing the application not a ground for rejecting the request of petitioner...........
Evidence Act, 1872, Section 45 -- Handwriting - Science of handwriting is not a perfect science...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Quashing of FIR - Suicide because of non fulfillment of demand of dowry made from sister of deceased - Suicide note recovered but not examined by handwriting expert - Even if suicide note is accepted as true no ingredients of offence u/s 306 IPC could be spelt out from the same - Merely because a person..........
Will -- Proof - If no attesting witness is found - It becomes incumbent upon propounder of Will to prove two facts : (i) that attestation of one attesting witness atleast was in his handwriting; and (ii) that signatures of executant is in his handwriting...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Signature comparison - Specimen signatures - Court can direct a party to give his specimen handwriting and signatures for the purpose of comparison with the disputed signatures and handwriting so as to reach to a conclusion for adjudication of the matter in controversy...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Service of summons - Process server did not know defendant personally and no one from village accompanied him at the time of service of summons, who could identify defendant - Handwriting and Finger print expert examined by defendant has also not approved the alleged signatures of defendant..........
Agreement to sell -- Execution - Agreement signed by vendor only - Attesting witness a minor, who is incompetent to be a marginal or attesting witness - Scribe deposing that no advance sale consideration was paid in his presence and vendor and marginal witnesses did not sign in his presence - Blank signed paper was given to scribe and agreement was written at the..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 20, Indian Penal Code, 1860, Section 218, 466, 474 -- Doctor with the help of her staff manipulated the hospital record and made false entries in order to help `A' - No evidence that doctor took some pecuniary advantage which is necessary for charge u/s 13(1)(d) of P.C. Act - Presumption u/s 20 of P.C. Act thus..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2 -- Execution - Payment of decretal amount - Issuance of receipt - Proof of - Merely because handwriting and fingerprint expert had been produced by JD in addition to his witnesses, it cannot be said that receipt in question stood proved particularly when they did not remember the correct date of execution of receipt -..........
