Service -- Departmental proceedings - Handwriting expert - Traversing the path of requirement of handwriting expert in departmental proceedings, as in criminal proceedings, cannot be adopted - Standard of proof in departmental proceedings being based on preponderance of probability is somewhat lower than standard of proof in criminal proceedings where case has to be..........
Service -- Banking service - Misconduct - Dismissal - Respondent being employed in a Bank as a clerk-cum-cashier, fraudulently and dishonestly opened savings account in joint names of himself and his sister-in-law by forging her signatures and encashed a demand draft issued in favour of his sister-in-law - Inquiry officer opined while observing admitted signatures in..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Examination of handwriting expert - Dishonour of cheque - If the handwriting expert gives his opinion beyond the scope, said evidence cannot be shut out in case it pertains to relevant aspect of matter particularly as regards the signature of accused - Application rightly allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Writing on cheque - There is certainly no evidence to show that body writing on cheque in question is in a different hand or ink and has been made by a person other than the person who had signed on the cheque - Even, if there is any such difference in handwriting, the same would be immaterial once..........
Evidence Act, 1872, Section 73 -- Comparison of Signature - Photostat copy is a copy taken from mechanical process - Mechanical process does not show accuracy on account of blurred signatures/defective photo copying - Therefore, such comparison is impermissible under law as there is every possibility of change of signatures due to passage of time and there is every..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
Negotiable Instruments Act, 1881, Section 4 -- Pronote - Forging - Scribe specifically stated that he has seen pronote written by him and amount was given - Other witness also supported plaintiffs case while specifically stating that amount in question was given - Plaintiff has duly discharged the initial burden upon him by examining the scribe of the pronote and receipt..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of handwriting samples of accused - Objection as to - Handwriting samples of accused had been obtained by prosecution agency after accused had given his consent in presence of his counsel - Accused could not show as to what prejudice is caused to his rights by objecting to obtaining of his handwriting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Examination of handwriting and fingerprint expert - Comparison of signatures on cheque - Cheque in question had not been returned by bank on account of difference in signatures but on account of insufficient funds - No purpose therefore, would be served in..........
