Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Suit for recovery on basis of promissory note - Defendant denied his signatures on promissory note and took a plea that he had no acquaintance with plaintiff - Filing of application for expert opinion at belated stage is not a ground to dismiss the petition - Application allowed...........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures on disputed document with signatures on photocopy - No steps taken by plaintiff to secure original document either from defendant or person who is having custody of original - It is not the case of plaintiff that original document is not available - In such circumstances, sending photocopy to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Denial of signatures on postal acknowledgment - Accused contended that there was a collusion between postal authorities and complainant and signature on postal acknowledgment is forged - It was thus, necessary for trial Court to refer the signature of accused both admitted and..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Ascertaining age of ink - Govt. experts opinion that there is no possibility of ascertaining age of ink of document - It is possible for petitioner to adduce other evidence to prove his contention - Application filed before adducing his evidence - Application cannot be allowed - Application rightly dismissed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Due execution - Execution of sale deed is not proved by its vendor since scribe of sale deed admitted that he did not know vendor or his handwriting or signature - Scribe of sale deed also could not say whether vendor executed sale deed before Sub-registrar - Execution of sale deed thus, not proved being not..........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused made extra judicial confession through an inland letter addressed to PW19 - However, prosecution has not examined handwriting expert for proving handwritings of accused contained in inland letter allegedly..........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
