...Sec. 45 and 73 of the Indian Evidence Act.2. It arises in the following circumstances:—i) The facts involved, if true, are alarming and show low..., an application purpoted to be under Sec. 45 and 73 of the Indian Evidence Act came to be filed by the complainant in the lower Court on 26.2.991 stating that since so....10. The learned counsel for the petitioner has laid stress on second part of Sec. 73 of the Evidence Act which reads as under:“...

...791) in support of his contention. The learned Addl. Public Prosecutor, on the other hand, vehemently contends that Sec. 73 of Evidence Act enables the Magistrate ev...a person under Sec. 73 of Evidence Act to write words or figures for the purpose of comparison, there must be; (1) A cause before the Court, (2) the person so directed m...case is still under investigation would surely be in the interest of administration of justice. The language of Sec. 73 of the Evidence Act does not au...

...trial. Further, the Court itself has got powers under Sec.73 of Evidence Act to examine the signatures, if there is any gross difference found in the signatures. Hence, the learned trial judge has..., the defendant filed an Interlocutary Application under Sec.45 of Evidence Act to send the disputed signature in the promissory note for comparison with the admitted signatures of the defendant by a...commencement of trial and at a time, when the matter was posted for defendant side evidence. The learned trial judge in his order has also extracted the suggestions made by the defendant to P.W.1...

...steps were not taken by the plaintiffs when the suit was pending before the trial Court, but a comparison was done by the trial Court invoking Sec. 73 of the Evidence Act; that...taken by the plaintiffs all along; that after trial, the trial Court has well compared the signature invoking Sec. 73 of the Evidence Act; that when the appeal was filed by...expert's opinion. In such circumstances, the trial Court invoking Sec. 73 of the Evidence Act has compared the signatures. A perusal of the judgment of the tria...

...deal with the point, we must say that the Order concerned could not have been made under Sec. 73 of the Indian Evidence Act, as the Order was made in the course of an...torture will succeed in compelling a man to write according to dictation or otherwise.9. Leaving aside the question whether Sec. 73 of the Evidence Act may or...Sec. 73 of the Evidence Act is “direct” and not “compel”. It cannot be said that the two words are interchangeable, for in the same Act the word “compel” appears in seve...

...this court has power to compare the signature under Sec.73 of Evidence Act, the 11/26 procedure adopted by the.... 17. As per Sec.73 of Evidence Act, the court has the power to compare signature with other admitted document. By placing reliance on the decision referred above, the counse...agreement. 20. For obtaining the decree of specific performance, the plaintiff has to plead and prove her readiness and willingness as per Sec.16 (c) of Specific Relief Act for...

.... 7. In the above order, the learned Magistrate clearly stated that under Sec. 73 of the Evidence Act, the court has power to compare the signature, hand writing based on oth...materials and evidence of the court. It is true that certain primafacie findings are made by the learned Magistrate in Annexure-V order. I am of the 6 ...powers under Sec. 73 of the Evidence Act, untramelled by other observation in Annexure-V order, this Crl.M.C. can be disposed of. Therefore, this Crl.M.C. is dispose...

...with the view taken by him. Sec. 73 of the Evidence Act permits the court to compare the signatures of a person with his admitted signatures. It runs as follows...sec. 3 of the Evidence Act, “a fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that ...—“Sec. 73. In order to ascertain whether a signature, writing or seal is that of the person by whom it purports to have been written or made, any signature, writing or seal admitted or proved to the...

...submitted that under Sec.73 of the Evidence Act, court is competent to compare the signature though it may be an expert. It also argued that only after the entire evidence is ove...so apparent that it required no expert evidence. This comparison was done by us having regard to the provisions of Sec.73 of the Evidence Act, 1872 which provid...power to compare the disputed signature with the admitted signature as this power is clearly available under Sec.73 of the Act. (See: State...

.... Therefore, the lower Court is directed to exercise powers under Sec. 73 of the Evidence Act before arriving at a correct conclusion. It is brought to the notice of the...comparison to the handwriting expert. The lower Court has dismissed the application pointing out that the application was filed pending defendant's evidence. The Court is of the considered view that...1. Heard the learned Counsel for the revision petitioner. The Court is of the view that in order to avoid the avoidable delay, notice to the opposite party is not necessary, and the...

...thus purely speculative.28. In addition to Sec. 73, there are two other provisions resting on the same principle, namely, Sec. 165, Evidence Act and Sec. 540, Cr....follows:“Shri O.P Rana, learned counsel for the appellant, contended that Sec. 73 of the Evidence Act conferred ample power on the Magistrate to direct the accuse...Sec. 73 of the Evidence Act enables the Magistrate to give such a direction even when the case is still under investigation.The second paragraph of ...

...& Others (AIR 2008 SC 1541) Para 17. 5.5 Whether the learned appellate court ought to have followed the Provision of Sec. 73 of ...the learned appellate court has committed the error of law in ignoring the Section 114(g) of Evidence Act by ignoring the facts brought out in para 13 to 19 and failing to appreciate that the...the Section 114(g) of Evidence Act by ignoring the fact that the Respondent No. 1/Plaintiff had deliberately not examined the Notary Advocate who had notarized the Sale-agreement. It is the...

..., the Defendant has filed an Application in I.A.No.140 of 2004 under Order XXVI Rule 10(A) C.P.C and Sec.73 of the Indian Evidence Act r/w Sec.151 C.P.C., prayi..., exercising the power under Sec.73 of the Indian Evidence Act. 6. Upon consideration of the contention of both sides, learned Subordinate Jud...the Application finding that the Court itself has got power and authority to compare the disputed signature with that of the admitted signature under Sec.73 of the Indian Evidence ...

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...the document, they are entitled to prove the same as per statutory remedy available with him. Accordingly, he invoked Sec.73 of Indian Evidence Act and filed the said application praying to compare...said application was filed to get expert opinion by invoking Sec.73 of Indian Evidence Act to compare the signature, since because he raised objection stating that it is a xerox copy of document...the signature. Further, he would submit that the earlier report obtained by the investigating officer during the pendency of criminal proceedings is not conclusive one, since the evidence recorded...

...submitted that there are admitted signatures of the petitioner as evident by Ext.P2 marked before the trial court. The court can compare the same invoking the powers under Sec.73 of the Evidence ... OP(CRL.) NO. 551 OF 2024 1 2025:KER:35686 IN THE HIGH COURT OF KERALA AT ERNAKULAM... PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22ND DAY OF MAY 2025 / 1ST JYAISHTA, 1947 OP(CRL.) NO...

....1376 Sukhvinder Sing Vs. State of Punjab "Sec.73 of Evidence Act-comparison of disputed writing with admitted or proved wri...chances to frame the charges with the sufficient grounds except to draw inference under Section 114 of the Evidence Act or u/s.20(1) of the Prevention of Corruption Act....statutory presumption permissible u/s 4(1) of the Prevention of Corruption Act (corresponding Sec.20(1) of 1998 Act) is not available with respect to Sec.5(1)...

...: “The argument that the Court should not venture to compare writing itself, as it would thereby assume to itself the role of an expert is entirely without force. Sec.73 of the Evidence ...not the judgment and decree of the lower appellate Court against evidence and perverse, particularly when each and every letter of the defendant's signature contained in admitted documents Exs.A-1 to...-foil without getting the aid or evidence an expert or a person conversant with disputed signatures. 7. But in Murarilal v. State of M.P. Murarilal v. State of M.P...

...the ground that the said handwriting can be looked into by the Court itself under Sec. 73 of the Evidence Act. The learned Revisional Court dismissed the petition on the...facts of the case, in nut-shell, are that non-petitioner No. 1 had filed a complaint against the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act. It...ground of maintainability holding that the order impugned passed by the learned Magistrate was an interlocutory order and, therefore, revision petition is barred by the provision of Sec. 397(2) CrPC. 6...