Evidence Act, 1872, Section 45 -- Expert opinion - Signatures on a document alleged to be of another party and other party denying the same - It is for the party to establish his assertion/allegation as to the handwriting/thumb impression/signature of a party on a document to be of that party or forged, as the case may be, by leading cogent evidence in this regard and the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Comparison of signatures - Comparison of signatures of executant on Will - Application by defendant rejected on the ground that there is no admitted document containing the signatures of executant of Will - Sale deed on record containing signatures of executant of disputed Will - Plaintiff produced their own..........
Civil suit -- FIR on the basis of same matter which was involved in civil suit - FIR registered on the basis of sole opinion of handwriting expert in the civil suit that receipts are forged - Genuineness of such receipts pending consideration in civil suit - Based on the sole opinion of handwriting expert, FIR ought not to have been registered - Held, when issue as to..........
Agreement to sell -- Specific performance - Agreement in typed form but date and name of parties written with pen in handwriting - There is no strict requirement that all parts of agreement are to be typed form or in handwriting form or in combination thereof - All the terms of agreement duly typed and thereafter signatures have been duly put forth by the parties to the..........
Evidence Act, 1872, Section 45 -- Handwriting expert - Before acting upon opinion of hand writing expert, prudence requires that Court must see that such evidence is corroborated by other evidence either direct or circumstantial evidence...........
Criminal Procedure Code, 1973, Section 233(3) -- Defence evidence - Examination of handwriting expert - Accused while leading defence evidence has a right to prove his innocence and in case he wants to lead evidence that signature of PW5 did not tally with ruqa and special report with memo, same cannot be declined, as it goes to root of case - Admissibility and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Presumption - There was manipulation in loan application and besides resolution to sanction loan was even prior to application for loan which improbabalised case of complainant or rather probabalised case in defence that there was no such transaction whatsoever -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
