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...Rule 4 of the CPC. Claimants Nos. 1, 2 and 5 have not relied upon any documents. Hence the expert witness shall only have to be cross examined before the Commissioner. Affidavit of claimant No. 3 is tendered. It is...before the Court Commissioner. Thereafter the witness of the claimant Nos. 1, 2 and 5 who is the expert witness shall be cross examined before the Commissioner.5. Parties shall appear...-chief of one Jitendra Mehta is filed on behalf of claimant Nos. 1 and 2. He is stated to be an expert. The affidavit of evidence is accepted on record under the provisions of Order 18...
...parties to the suit. The Expert becomes a Commissioner only when the Court appoints him under Order 26 CPC, otherwise the Expert is only a witness for prosecution or for the party, who got him appointed...of cross-examination does not arise. The appointment of Expert witness in view of order dated 26.08.2015 would show that she was never appointed under Order 26 Rule 10(2) CPC. The...in evidence under Section 293 of Cr.P.C. [5]. Thereafter, the application was filed by the plaintiff for cross-examination of the witness Rajbir Kaur i.e. Fingerprint Expert...
...appoints him under order XXVI of the CPC. The expert is only a witness for the prosecution in a criminal case, and a witness for the party who appointed him in civil cases. It is only the report of...too much weight to the evidence of an expert. Thirdly, he contended that when admittedly both the attesting witnesses to the Will are dead, the examination of the scribe and another witness who was...the report of a finger print expert?3) Whether in the absence of the attesting witness being alive, how to prove the Will, as required under Section 63 of the Indian...
...this evidence as additional evidence under Section 151 CPC, the plaintiff is allowed to examine handwriting and finger print expert as a witness whose report is already on the file. Cross examination...petitionerplaintiff had brought the hand-writing and finger print expert to prove the signatures of the defendant on the questioned document and had also examined the said expert in evidence, an...objection was taken by the counsel for the contesting-defendant, respondent herein, that the hand-writing and finger print expert could not be examined in rebuttal evidence by the petitioner-plaintiff as the...
...instance of the prosecution in a criminal case Therefore, the expert becomes a Commissioner only when court appoints him under Order XXVI of the CPC. The expert is only a witness for the prosecution...trial Court for getting the witness summons issued to the said expert and to examine him before the trial Court. Therefore, it is his contention that the said expert has not been examined before the...duly acknowledged the receipt of the said amount before the witness and promised to repay the same within three months. The accused issued a cheque towards discharge of the said amount vide cheque No...
...and the matter had been listed for arguments. At that stage, the petitioner filed an application under Order 16 Rules 1 and 7 of CPC seeking that witness summons be issued to the thumb and finger expert...NOVEMBER, 2015
BEFORE
THE HON'BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.205079/2015 (GM-CPC)
BETWEEN:
Abdul Qhayum S/o Abdul.... Inderchand Vimalchand Jain and Another (AIR 1974 KAR 100). In that view it is contended that this Court has held that the application seeking for issue of witness summons could be considered at any...
.... Therefore, the expert becomes a Commissioner only when court appoints him under order XXVI of the CPC. The expert is only a witness for the prosecution in a criminal case...their case. In a criminal trial, expert is a witness for the prosecution. He is not a Commissioner appointed by the Court in the proceedings...) of CPC and the judgment of this Court in the case of Parappa (Supra), I am of the view that the report of the handwriting expert / forensic expert and the evidence collected by him in...
...under Section 151 CPC, the plaintiff is allowed to examine handwriting and finger print expert as a witness whose report is already on the file. Cross examination would be completed on the same day...leading of evidence, when the petitioner-plaintiff had brought the hand-writing and finger print expert to prove the signatures of the defendant on the questioned document and had also examined the said...expert in evidence, an objection was taken by the counsel for the contesting-defendant, respondent herein, that the hand-writing and finger print expert could not be examined in rebuttal evidence by...
...witness Sri. C.S.R. Murthy, Hand Writing Expert (Diploma of the American Board of Forensic Examiners) to give evidence on his behalf.4. Heard Sri. V.V. Raghavan, learned counsel for the...Section 45 of Evidence Act, 1872 (for short ‘the Act’) or Order 26 Rule 10-A of CPC for sending the documents for opinion of handwriting expert. He f...always be ordered.”21. In view of above facts and circumstances, the trial Court should have considered to summon the witness/handwriting expert intended to be examined by the petitioner...
...original plaintiff and his expert witness as far as alleged encroachment is concerned.
7. Having said so, on merit also, there is no case which could invite this Court to recall its order dated 18.02.2023. The applic...hearing Mr. Talaulikar, it is clearly observed that the impugned order is in breach of settled proposition of law as well as the proviso to Order 6 Rule 17 CPC. Reasons in the order dated 18.02.2023...all, amendment application was filed when the matter was posted for judgment, which is hit by the proviso of Order 6 Rule 17 CPC. Secondly, the proposed amendment is only to nullify admission of the...
...for recalling the tenant as a witness to mark inspection report, photographs and CD on the ground that expert Mr. J.K Mehandroo retired executive engineer died and inspection report, photographs and CD...force for the reasons hereinafter mentioned. Tenants filed application under Order 18 Rule 17 read with Section 151 CPC for recalling the tenant as a witness to mark the...learned Rent Controller Shimla under Order 18 Rule 17 CPC read with Section 151 CPC in case No. 230-2 of 2013/09 title Rajinder Sood v. Tilak Raj.Brief facts...
...additional evidence under Section 151 CPC, the plaintiff is allowed to examine handwriting and finger print expert as a witness whose report is already on the file. Cross examination would be completed...present revision petition is directed against the impugned order, whereby the application of the petitioner-plaintiff for examination of handwriting expert to prove the admitted signatures of...Expert, which was allowed and the report regarding examination of the document (Ex.P1) with admitted signatures. Owing to the non-availability of the documents, a cause of action arose for submitting the...
...XXVI Rule 10A read with Section 151 of the Code of Civil Procedure, 1908 (for short, 'CPC') for appointment of a handwriting expert as a Commissioner was rejected but liberty was granted to examine...an expert as a witness.
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2. The parties shall henceforth be referred to as they were arrayed before the.... When the suit was set down for evidence, an application was filed by the defendant No.1 under Order XXVI Rule 10A read with Section 151 of CPC., to appoint a handwriting expert to compare the signatures...
...application under Order XVIII Rule 3 CPC for leading evidence in rebuttal and evidence of an expert witness. 2. The Respondent No. 1/Plaintiff - Indian...18 Rule 3 CPC filed by the plaintiff is allowed. The plaintiff is given an opportunity to lead evidence in rebuttal and also lead evidence of an expert witness qua the...expert as DW-3. DW-2 was a witness who appeared from the Police Station who was investigating the complaint of forgery. DW-3 Deepak Jain, in his evidence, stated that he is a handwriting expert since...
...Section 45 of the Evidence Act to examine the expert witness. Affidavit of handwriting expert along with report was filed on 11.5.2015, she ...aforesaid discussion, provisions contained in Order 18 Rule 3A of the CPC are discretionary and directory in nature and expert witness has already been examined pursuant to...granted three opportunities to the plaintiffs to adduce evidence. After rejection of objection, evidence of expert witness has already been recorded.
4. Mr.Sunil Tripathi, learned...
...expert as the witness of the plaintiffs to compare the thumb impressions of Giani Ram on the alleged sale deed dated 10.11.1964 with his thumb impressions affixed on the sale deed dated 14.12.1957...of their purchase.
[5]. Plaintiffs filed an application for additional evidence under Section 151 CPC for permission to lead additional evidence i.e. to produce the handwriting...sale deed did not carry thumb impressions of Giani Ram. Plaintiff had earlier filed an application to get the thumb impression of Giani Ram compared from Government Finger Print Expert FSL, Madhuban...
....
23. Therefore, the expert becomes a Commissioner only when court appoints him under order XXVI of the CPC. The expert is only a witness for the prosecution in a criminal ..., needs report and they have to examine such an expert to prove their case. In a criminal trial, expert is a witness for the prosecution. He is not a Commissioner appointed by the Court in the...).
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THIS RSA IS FILED UNDER SECTION OF 100 OF CPC,
PRAYING TO ALLOW THE APPEAL AND SET-ASIDE THE
...
...filed under Order 26 Rule 10A read with Section 151 of CPC for appointment of handwriting/finger print expert for comparing signatures of defendant Nos.1 to 6 and thumb...trial Court rejecting I.As. 28 to 30 filed under section 151 of the cpc for re- opening of the case and under order xvi rules 1 and 2 of cpc for examining of witness and order xxvi rule 10a of cpc for...signatures of defendant Nos.1 to 6 and the admitted thumb impression of late Muniswamappa. 5. I.A. No.29 is filed under Section 151 of CPC to re-open the case of the plaintiff and...
...producing expert report dated 28.02.2015 and for examination of the said expert as witness, was declined.
2. Succinct facts first, as pleaded in the instant petition...expert (Annexure P-7) and also to examine him as witness. Ld. Appellate Court, vide judgment dated 21.08.2018 (Annexure P-8), allowed the appeal filed by petitioner/defendant and remanded the matter...
the handwriting and finger print expert and for permission to examine the said expert as witness. However, vide impugned order (Annexure P-10), Ld. Trial Court dismi...
...August, 2019 passed by the ld. ADJ allowing the application under Order XVIII Rule 3 CPC for leading evidence in rebuttal and evidence of an expert witness.
2. The.... Defendant No.2 thereafter led evidence. He himself appeared as DW-1 and he also led the evidence of handwriting expert as DW-3. DW-2 was a witness who appeared from the Police Station who was....
In its application u/o 18 rule 17 CPC, the plaintiff is seeking opportunity to cross-examine DW2 Deepak Jain, the handwriting expert as the opportunity was closed on...