Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Sending document to handwriting expert for his opinion on certain discrepancy which came to knowledge after cross examination of expert - Discrepancy alleged was available on the file at the time of cross examination of expert - It will be presumed that petitioner was aware of..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - It is not obligatory on the part of plaintiffs to examine the handwriting expert to prove the signatures when plaintiff examined witnesses, proved entries in the books of accounts and also proved the acknowledgements duly signed by the defendant and defendant on the contrary, except making a bald denial of the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Appellant/complainant alleged that cheque issued by respondent/accused towards repayment of loan amount to appellant/complainant got dishonoured - Defence of respondent/accused that he had given blank cheque as security and said cheque has been misused by appellant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of signatures - Expert opinion - Accused admitting having issued five blank signed post dated cheques - No necessity of sending cheque to handwriting expert when signatures are admitted - Order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Handwriting expert - Execution or entrustment or issuance of cheque not disputed - Held, dismissal of application u/s 45 of Evidence Act for sending the cheque to handwriting expert by trial court calls for no interfere...........
Evidence Act, 1872, Section 45, 73 -- Expert opinion - Specimen thumb impression or signature or a specimen of handwriting - Court can direct accused to give specimen thumb impression or signature or a specimen of handwriting in the open Court for the purpose of comparison with the admitted signatures...........
Evidence Act, 1872, Section 47, 73 -- Scope - Identification of handwriting - S.73 provides for comparison by Court with writing sample given in its presence, or admitted, or proved to be writing of concerned person - However, opinion of handwriting expert is fallible/liable to error like that of any other witness, yet it cannot be brushed aside as useless - Court may..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of disputed signature or writing by an expert - When a contention is raised that complainant had misused the cheque, then an opportunity must be granted to the accused for adducing evidence in rebuttal thereof - Cheque, allowed to be sent to handwriting expert...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion for verification of handwriting and signatures - Signatures not specifically denied - S.20 of the Act authorizes the payee or holder in due course to complete an incomplete Negotiable instrument - There was no necessity to send the disputed cheque to hand writing expert for verification..........
Evidence Act, 1872, Section 45 -- Expert opinion - Specimen signatures and writing - Defendant disputing signatures and subsequent insertion of date in the agreement - Application cannot be dismissed on the ground that it is for the defendant to prove the same if he disputes - Defendant directed to give his specimen signatures and handwriting regarding the date for..........
