Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of signatures - Pronote - An application at the instance of defendant for comparison of signatures is not maintainable when he denies execution of pronote, as it is for plaintiff to prove genuineness of pronote...........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Veracity of document can be examined by Court on the basis of statements in evidence and also with reference to signatures of plaintiff in terms of S.73 of Evidence Act - Application filed seeking expert opinion dismissed - Order does not call for interference...........
Evidence Act, 1872, Section 45 -- Expert opinion - An expert is known for his capability to arrive at conclusion even by taking note of undisputed writing irrespective of time gap between date of sample and date on which disputed document was signed - Opinion expressed is not conclusive in nature and parties to litigation can certainly put forward their contentions in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed signatures - Handwriting expert - Receipt acknowledging receiving cheque amount - Complainant alleging it forged signatures - Delay in filing application as accused was absconding - However, getting signatures on receipt compared with admitted and specimen..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Accused without himself entering into witness box, seeking sending of cheque to Handwriting expert - Application cannot be allowed...........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 45 -- Report of handwriting expert - Report prepared and submitted but same was not taken on record due to absence of Handwriting expert - Trial Court closed evidence of plaintiff - Held, ends of justice would be met by granting one effective opportunity to plaintiff to examine handwriting expert at his..........
Evidence Act, 1872, Section 45 -- Expert opinion - Report of Chemical Examiner drawn by a series of analysis is an authentic piece of evidence to be relied upon in the absence of any eye witness account or circumstantial evidence - Same cannot be doubted...........
Evidence Act, 1872, Section 45, Negotiable Instruments Act, 1881, Section 138 -- Expert opinion - Dishonour of cheque - Determination of age of handwriting and age of signatures - As of now there are no scientific and technical facilities available in India to scientifically determine age of the handwritings and signatures in a cheque - No useful purpose would be subserved..........
Indian Penal Code, 1860, Section 325, Evidence Act, 1872, Section 45, 3 -- Grievous hurt - Injury of tooth - Declaring it grievous without x-ray examination - Held, Dental Surgeon, on the basis of his own experience, can visualise an injury of a tooth with naked eyes and declare it grievous even without x-ray examination...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
