Bombay High Court Upholds Acquittal In Forgery Case, Says Investigation Defective As No Handwriting Report On Author Or Signatories Of Document
1 year, 11 months ago

Bombay High Court Upholds Acquittal In Forgery Case, Says Investigation Defective As No Handwriting Report On Author Or Signatories Of Document

Live Law  

The Bombay High Court upheld acquittal of five persons in a forgery case citing defective investigation as there was no handwriting expert report regarding the authors of the signature on the forged document. In the facts and circumstances, the possibility of the informant making the signature of Mr Bhalchandra Sarjoshi cannot be ruled out.” The complaint Sharad Bonde, Assistant Registrar in the Amravati University, claimed that he purchased a plot belonging to a member of a co-operative society and the prime accused Ashish Sharma was a broker for the transaction. Bonde alleged that Sharma introduced a person as the owner of the plot to him, confirmed by Shirish Mohod, President, and Ashok Deshmukh, Secretary of the society. Bonde alleged that the accused forged the transfer deed and lodged complaint against Sharma, Thete, Pethe, Mohod, and Deshmukh for offences under sections 420, 468, 471, and 109 of the IPC.

Society Accused Sharma Person Plot Document Bonde  person  signatures  investigation  plot  upholds  court  bonde  forgery  society  signatories  sharma  defective  document  high  handwriting  noted  accused  report  transfer  hc

History of this topic

Court Doesn't Have Skill, Expertise To Match Signatures In Documents Produced Before It, Should Obtain Handwriting Expert Opinion: Allahabad HC
2 weeks, 4 days ago

Court Doesn't Have Skill, Expertise To Match Signatures In Documents Produced Before It, Should Obtain Handwriting Expert Opinion: Allahabad HC

Live Law  

The Allahabad High Court has held that a court does not have the skill or the expertise to match signatures in the documents produced before it and must obtain the opinion of a handwriting expert instead of perusing them with bare eyes. While dealing with a case of rejection of application for handwriting expert to verify signatures made in Gurumukhi …

S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death : Supreme Court
3 weeks, 1 day ago

S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death : Supreme Court

Live Law  

The Supreme Court on Wednesday set aside the conviction of a man accused of committing an offence of abetment of suicide by blackmailing the deceased using compromising photographs and videos. The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens …

S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death : Supreme Court
3 weeks, 1 day ago

S.306 IPC | Suicide Note Alone Insufficient For Conviction Unless Its Proved There Was Incitement By Accused Proximate To Death : Supreme Court

Live Law  

The Supreme Court on Wednesday set aside the conviction of a man accused of committing an offence of abetment of suicide by blackmailing the deceased using compromising photographs and videos.The Court observed that for invoking the offence of abetment to suicide under Section 306 of IPC, the prosecution must prove instigation, conspiracy, or intentional aid with a clear mens rea. …

Handwriting Experts Cannot Override Oral Evidence in Any Will Deed: HC
11 months, 3 weeks ago

Handwriting Experts Cannot Override Oral Evidence in Any Will Deed: HC

Deccan Chronicle  

Hyderabad: The Telangana High Court upheld the decision of a lower court in declaring that the report of handwriting experts does not override the oral evidence adduced by the attesting witnesses in considering and ascertaining the veracity of such evidence, while dealing with conflict over a will deed. Justice P. Sam Koshy was dealing with a civil revision petition filed …

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order
1 year, 2 months ago

Bombay High Court Denies Anticipatory Bail To Advocate Accused Of Cheating Client By Forging Bail Order

Live Law  

The Bombay High Court recently refused to grant anticipatory bail to advocate Hiral Chandrakant Jadhav accused of cheating a client by presenting a forged sessions court bail order for her husband in a murder case. When the complainant checked the e-courts portal and the Registry of Dindoshi Sessions Court, she was told that no such documents, viz., the bail order …

"Greed, Acrimony & Deceit": Bombay HC Dismisses Contempt Plea Of Man Who Prima Facie Played Fraud On Supreme Court & High Court For Property
3 years ago

"Greed, Acrimony & Deceit": Bombay HC Dismisses Contempt Plea Of Man Who Prima Facie Played Fraud On Supreme Court & High Court For Property

Live Law  

Observing that "greed, acrimony and deceit" are clear from the son's conduct, the Bombay High Court dismissed the contempt petition he filed against his parents in connection with a property dispute and directed him pay them cost of Rs. 2 and 3 to ordinarily enter into the Consent Terms which basically seek to undo what they had been able to …

Handwriting Expert's Opinion Not The Only Mode To Prove Signature And Handwriting : Supreme Court
3 years ago

Handwriting Expert's Opinion Not The Only Mode To Prove Signature And Handwriting : Supreme Court

Live Law  

The Supreme Court observed that opinion of the handwriting expert is not the only way or mode of proving the signature and handwriting of a person.The signatures and handwriting of the person can also be proved under Sections 45, 47 and 73 of the Indian Evidence Act, the court said.In this case, the Orissa High Court quashed the order taking …

When Signature On Cheque Is Admitted Then Question For Appointment Of Handwriting Expert Doesn't Arise: PH High Court
3 years ago

When Signature On Cheque Is Admitted Then Question For Appointment Of Handwriting Expert Doesn't Arise: PH High Court

Live Law  

The Punjab and Haryana High Court recently upheld the view taken by the lower court that when signature over a cheque in question has not been specifically denied then there is no question for the appointment of a handwriting expert to compare the handwriting over the cheque in question.With this, the Bench of Justice Vinod S. Bhardwaj dismissed the plea …

Expert Evidence Should Not Be Given Precedence Over Substantive Evidence, Reiterates SC [Read Judgment]
5 years, 7 months ago

Expert Evidence Should Not Be Given Precedence Over Substantive Evidence, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that expert evidence should not be given precedence over substantive evidence. The trial court refused to rely on expert evidence and decreed the suit of specific performance filed by the plaintiff, while the High Court did rely on it, and dismissed the suit. In appeal filed by the plaintiff, the bench comprising Justice NV Ramana, …

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