Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Handwriting expert - Plea of accused as to misuse of cheque after obtaining it unauthorisedly - Evidence sought to be obtained is essential for arriving at a just decision of the case - There is absolutely no reason to indicate..........
Evidence Act, 1872, Section 45, Constitution of India, 1950, Article 20 -- Voice sample - Consent given for taking voice sample sought to be withdrawn on the ground that at the time of giving consent he was misled and that it would amount to compelling him to be a witness against himself which is not permissible - Apart from a bald statement of being misled, there is no..........
Evidence Act, 1872, Section 45, 138 -- Expert - Application for cross-examination of fingerprint expert/witness on the report - Witness was never appointed U.O.26.R.9 CPC, therefore witness cannot be termed to be a Commissioner, otherwise, expert is only a witness and Ss.45, 138 of the Act would apply - Since witness was never examined i, chief, therefore question for..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending three cheques for handwriting expert - Accused neither in cross-examination of complainant nor in his own examination u/s 313 Cr.P.C had come out with any concrete defence which he is now trying to built upon and under the pretext he is requesting to transmit..........
Evidence Act, 1872, Section 45, Guardians and Wards Act, 1890, Section 19, Hindu Minority and Guardianship Act, 1956, Section 13 -- Custody of Child - Evidence of Psychiatrist on evaluation of child - When psychiatrist in her opinion has categorically concluded that child has intelligible preference to express his views, Court is not a better expert, to assess child, by..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A, Evidence Act, 1872, Section 45 -- Appointment of Advocate Commissioner - Comparison of signatures on documents in question and sending same to an expert - Purpose of appointment of Advocate Commissioner is only to get photographs of signatures contained in documents and to send it for expert opinion - Documents..........
Evidence Act, 1872, Section 45 -- Verification of revenue stamps affixed on pronote and receipt - Plea that revenue stamps were not in existence at the time when pronote is alleged to have been got thumb marked - Order declining application set aside - Controller, Government Press Nasik to send the report on verification to trial Court within a period of two months...........
Evidence Act, 1872, Section 45, 73 -- Promissory note - Alteration - Expert opinion - Alteration when visible to naked eye then Court to decide it as to whether such alteration is material alteration and Court need not to refer the disputed document for opinion of expert. (Para7)..........
Evidence Act, 1872, Section 65B, 45 -- Electronic record - Admissibility - Compact Disc (CD) - Petitioner seeks to rely upon data recorded on a CD without there being any evidence regarding source from which it is recorded - In absence of said source i.e DVR and also evidence to the effect that same was being maintained regularly and was not tampered with, data recorded in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - Plea of forged signatures raised in cross examination of complainant and in statement u/s 313 Cr.P.C. - Accused permitted to get his signatures examined by handwriting expert...........
