JUDGEMENT EXPERT EVIDENCE

Specimen Signature/thumb impression court can Direct

Para 2 of Sec.72 of Indian Evidence act say, “the court may direct any person, present in court to write any words or figures for the purpose of enabling the court to compare the words or figures so written with any word or figures alleged to have been written by such person.             This section applies also, with any necessary modification, to finger impression.             (For Discussaion as to whether the finger impressions include thumb impression- Gazettee of India 1898 – page 24)             The court an direct the person present in court for the specimen, if the person is party or the witness to case. AIR 1980 SC.791 State of U.P Vs Ram Babu Cr. L.J. 1988-1000 (Ker)             The provision of Sec.73 & 456 (R-1) CPC court can direct a party to be present in court to give the specimen handwriting, signature or thumb impression for the purpose of comparison. 1976 Cr.L.J (Civ) 447 ( P & H) 1976 Rev L.R 648 (DB) AIR 1975. Andh 88

Stage for Specimen Signatures- When denie

For obtaining specimen signature of a witness who denies his signatures on the document, the proper stage is when he denies his signatures.  2006 (4) RCR 713 (P & H)

JUDGEMENT (Punjab-Haryana High Court Smt. Kashmir Kaur vs Smt. Bachan Kaur And Anr. on 18 November, 1999 )

Punjab-Haryana High Court Smt. Kashmir Kaur vs Smt. Bachan Kaur And Anr. on 18 November, 1999 Equivalent citations: (2000) 124 PLR 606 Author: V Bali Bench: V Bali JUDGMENT V.K. Bali, J. 1. Challenge herein is to an order dated 31.3.1999 passed by the learned Subordinate Judge declining the prayer of the petitioner who happens to be a plaintiff in the main lis to adduce additional evidence by way of producing a handwriting expert. 2. Before the contentions of the learned counsel representing the parties for and against are noticed, it will be useful to extract, even though in brief, facts culminating into filing of the present petition. 3. Petitioner herein, namely Kashmir Kaur happens to be young widow of Balbir Singh. The husband of the petitioner died on 15.5.1991 when the petitioner was only 23 years of age. An unsavoury dispute immediately on demise of Balbir Singh came into offing when none other than the mother-in-law of the plaintiff resisted inheritance of the estate left by Balbir Singh to the petitioner. This led to the filing of the civil suit by the petitioner who propounded a Will. It was stated that the husband had executed a Will and the petitioner would succeed to the entire estate-left by Balbir Singh. This suit was resisted by the respondent-mother-in-law who naturally challenged the due execution and validity of the Will. The learned trial Court on the pleadings of the parties, thus, framed an all important issue; “Whether Balbir Singh executed a Will dated 6.2.1991 in favour of plaintiff Kashmir Kaur? OPP. 4. In her endeavor to discharge the onus of issue referred to above, the petitioner examined two witnesses; one scribe and one attesting witness of the Will. Sufficient evidence having been led with regard to due executing and validity of the Will, naturally, onus shifted to the respondent to rebut the said evidence. An application was made before the trial Court to examine a handwriting expert to determine as to whether the signatures of the testator appended on the Will were genuine. The said application was allowed and the handwriting expert was examined on behalf of the respondent mother-in-law. It is at this stage that the present application was filed for producing additional evidence under Order 18 Rule 17-A of the Code of Civil Procedure permitting the petitioner also to examine the hand-writing expert, obviously with a view to show that the signatures appended on the Will by the testator were genuine. As mentioned above, it is this application of the petitioner which has been dismissed and it is the said order which has been impugned in the present petition. 5. Before I might determine the controversy in light of the contentions raised by the learned counsel representing the parties, it will be useful to mention that civil matters are decided on preponderance of evidence and the onus of an issue, be it initially placed on one party or the other, keeps on shifting during the currency of the trial. In a given case like the present, where onus of issue regarding execution and validity of the Will was on the plaintiff i.e., petitioner herein, it was discharged by examining the scribe and one of the attesting witnesses of the Will. The petitioner, in fact, endeavoured to discharge the onus placed on her by examining independent witnesses. In rebuttal, as mentioned above the respondent chose to examine the handwriting expert with a view to show that the signatures of Balbir Singh appended on the Will were not genuine. It is too well settled that execution and validity of a Will is proved by direct evidence i.e. by examining scribe and witnesses of the concerned document and that evidence of an expert, in the present case, evidence of Handwriting Expert, is only an opinion and, therefore, it may not be absolutely essential for a party to examine a handwriting expert in the first instance i.e. at the time of examining evidence in affirmative. However, the moment respondent examined the handwriting expert, petitioner could well take it that the onus again shifted on her to rebut the said evidence. In these circumstances, it was perhaps not a case which may strictly fall under the leading of additional evidence. The petitioner having closed her evidence in affirmative on the issue, referred to above, could well be permitted to examine the evidence in rebuttal to the evidence led by the respondent on the said issue. This Court is, thus, of the firm view that if asked for, the Court might have given permission to examine the handwriting expert, even though relating to an issue, onus whereof was initially to be discharged by the petitioner. It is in this background that it has been observed earlier that onus to prove an issue keeps on shifting throughout the trial. The Court is, thus, of the view that the petitioner is entitled to lead evidence in rebuttal as a matter of right and if, in this endeavor an application for additional evidence was made, the same ought to have been considered to achieve the same purpose and thus, ought to have been allowed. 6. The view that has been taken by this Court in the matter otherwise also appears to be in consonance with the provisions of Code of Civil Procedure as well. Order 18 deals with examination of witnesses. By virtue of Rule 1 of Order 18, plaintiff has the right to begin unless the defendant admits the facts alleged by him. As per rule 2 of Order 18, on the day fixed for hearing of the suit or any other day to which the hearing is adjourned, the party having the right to begin has to state his case and produce evidence in support of the issues which he is bound to prove. Rule 2 of Order 18 further provides that the other party can then state his case and produce his evidence and may then address the Court generally on the whole case. By

HANDWRITING EXPERT IN MUMBAI – ANIL GUPTA FORENSIC SERVICES

handwriting expert in Mumbai. Handwriting! A simple procedure, a simple activity, sometimes of our daily routine, while sometimes once a while. But still, if you talk to writers, about handwriting, they will tell you about its importance. They will tell you how it feels like to see the beauty of pearl-like written alphabets. But wait, is it only the writers who know the importance of handwriting, or there is something that can even lead anyone to the courtroom!  Yes. Handwriting is just not anything, anyone can come across, but it is some things that can lead to various criminal activities as well. People today are very well aware of the term called “Identity theft”. It is nothing but one of the games a criminal can play by imitating your handwritten signatures. What could be the possible handwritten documents: Here lies the importance of a handwriting expert, that can pick up the culprit amongst millions and help the victim get justice. Might be that is why the Constitution of India had made handwriting and signature forgery a serious criminal offense. There are many sections and acts in the Indian Constitution that deal with different types of forgery and handwriting or signature crime. This type of crime comes under Forgery, which includes, imitating someone else’s name or signature on a cheque, or any legal document like historical papers, Identification cards, certificates, licenses, etc. As per the Forgery Law in India, Section 465 of the Indian Penal Code, any person if found guilty in the case of forgery can be sentenced up to the jail term of 2 years, or fine, or both. But how to know whether forgery has happened or not? Special in the case of handwriting or as simple as the signature? The answer is “Handwriting Expert”. Handwriting Experts in any city or the Handwriting expert in Mumbai are those experts who read the handwriting or signatures very deeply to investigate whether forgery is done or not? Studying handwriting or signature is a complex procedure, where only veteran handwriting experts can conclude the basis of their experience. It is a subjective investigation and follows a long procedure. Also, the Section 67-78A of Evidence Act 1872, of India Code, deals with the proof of Signature and handwriting of a person. By now it must be clear how important is handwriting and signature when it comes to legitimacy. There are separate legal actions regarding everything. Therefore, Forensic Science is highly involved in cases, where justice depends solely on handwriting and signatures. Now, sometimes signature can be digital. What happens in that case? Here there are cyber laws regarding that also. But in normal cases, forensic services are highly recommended when handwriting can solve a case up to a crucial level. The Handwriting expert in Mumbai says that Handwriting can even tell a person’s behavior. When there is so much to do with handwriting, there needs to hire some experts as well that can deal with any handwriting and can come up with a single individual amongst the millions. Anil Gupta Forensic Services is the best company if you are searching for a Handwriting expert in Mumbai. Not to mention, but nowadays, people run so much after money that the criminal mindset is highly pampered, which gives rise to crime every other day. Metro cities are not behind in these cases. Rather they are the prominent locations for such forgery cases. After providing its professional services in Delhi, the company is all set to solve the forgery cases in Mumbai. Envisioning the forgery-free India, the founder of the company, came forward to give the private forensic services to serve the nation and bring justice to the people, which otherwise had to wait for a long time or have to sit quietly and lose all the hope of justice. Anil Gupta Forensic Services are here for services these people and find the main culprit through the best Handwriting expert in Mumbai. The company was incorporated to help people get justice, because many cases in India, are the cause of handwriting and signature forging. In these cases, finding the culprit is as difficult as finding a needle in the haystack. At this time normally the victim becomes hopeless. Here stands the role of a Handwriting expert in Mumbai provided by Anil Gupta Forensic Services, to catch the real culprit based on just handwriting and example as small as a signature. The services of the company encompass: The Handwriting expert in Mumbai provided by Anil Gupta Forensic Services is intelligent in studying handwriting and its characteristics, as per the class and the individuals. They know how the formation of every letter matters a lot. They know the factors that can affect handwriting and even the contribution of spaces in handwriting. All these factors matter a lot.

Identity of Paper

In order to establish the identity of the paper, one the questioned as well as the others in the bank copy, from which questioned document is said to have been torn out, the colour, thickness, finish of surface, water mark, style, cutting, size, ruling, fluorescence have to be looked into. But it does not appears to be necessary that before the identity of two papers can be established, all the aforesaid things must be similar, even some of the things may enable the expert to give an opinion about the identity of two papers.             Questions as to whether the paper on which document is written has been torn out from a copy is an expert opinion, under Sec. 45  the opinion on that point of person specially skilled in such science is a relevant fact. Parag vs Tate of Raj. 1981 Cri. L.J.1244

Expert Better Evidence

            If the opinion of the expert is found by a court to be honest and reliable, it can be considered better evidence than the evidence of other witnesses. Devi Parshad vs State A.I.R 1967 Allahabad 164

Expert in Rebuttal

Permission given to one party to obtain opinion of handwritten expert – cannot be refused to opposite party to produce expert in rebuttel evidence. 2005 (3) RCR – 166 (Raj.)

JUDGMENT (Punjab-Haryana High Court Vijay Kumar Malhotra vs Sukhchain Singh & Ors on 12 October, 2017 )

Punjab-Haryana High Court Vijay Kumar Malhotra vs Sukhchain Singh & Ors on 12 October, 2017 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-10135 of 2017    Date of decision:12.10.2017 Vijay Kumar Malhotra                       …..Petitioner                                vs. Sukhchain Singh and others                 …..Respondents Coram:       Hon’ble Mr. Justice Inderjit Singh Therefore, from the above, I find merit in the present petition and the same is allowed. Anil Kumar Gupta, Hand-writing Expert is allowed to be examined by the prosecution. 3 of 4 Cr. Misc. No.M-10135 of 2017 [4] However, it is made clear that only two effective opportunities will be given for examination by the trial Court qua this witness. Punjab-Haryana High Court The Punjab State Cooperative … vs M/S Lakhpat Rai Rice And General … on 6 February, 2020 In the High Court of Punjab and Haryana at Chandigarh                           RSA No. 9 of 2019 (O&M)                           Date of Decision:6.2.2020 The Punjab State Cooperative Supply and Marketing Federation Limited                                                —Appellant                    versus M/s Lakhpat Rai Rice & General Mills and another                                                —Respondents Coram:      Hon’ble Mrs. Justice Rekha Mittal the respondents-defendants examined Anil Gupta, Handwriting and Finger Prints expert to say that affidavits Ex. P5 to P7 were not executed by Darshana Rani. Taking into consideration findings of the first Appellate Court, I do not find any reason to intervene in concurrent findings recorded by the courts. For the foregoing reasons, finding no merit, the appeal fails and is accordingly dismissed in limine. As the appeal has been decided on 2 of 3 merits, application for condonation of delay of 54 days in filing the appeal is of academic relevance.

Opinion Based on Photographs

            If the court is satisfied that there is no trick photography and the photographs are above suspicion, the photographs can be received in evidence. But the evidence on photographs to prove the handwriting can only be received if the original cannot be obtained and the photographs reproduction is faithful and not faked or false. Lakhsmipati Choria Vs State of Maharashtra AIR 1958 SC 938.             The Opinion of handwriting Expert should not be rejected because it is solely on the photographs as the photographs must be taken to represent the condition of original correctly.             The Expert opinion is admissible only when accompanied by the data and reasoning tending to that inference. State of Vindhya Pardesh Vs Krishna Nand AIR 1953 VP 21

JUDGEMENT (Punjab-Haryana High Court Smt. Harbans Kaur And Another vs Surjan Singh on 26 August, 2009 )

Punjab-Haryana High Court Smt. Harbans Kaur And Another vs Surjan Singh on 26 August, 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 3862 of 2008                 Date of Decision: 26.8.2009 Smt. Harbans Kaur and another          ……Appellants                             Versus Surjan Singh                            ……Respondent CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA. Bahal Singh died on 10.8.1987. To prove the Will dated 4.6.1987, the plaintiffs have examined Bachan Singh, the attesting witness of the Will. PW2 is the scribe of the Will. Though the plaintiffs have examined Handwriting Expert as PW5, but his report is restricted in respect of the Will dated 17.6.1981 (Exhibit P.1) and Will dated 9.4.1986 (Exhibit D.1). On the other hand, the Will dated 9.4.1986 Exhibit D.1 is proved by examining Ramesh Kumar Chawla, document writer. PW2 Pritam Singh is the attesting witness, whereas DW5 Anil Kumar Gupta, compared thumb impressions of Bahal SiThus, there is only report of DW5-Anil Kumar Gupta, to the effect that Will dated 4.6.1987 is not proved to be executed. The finding recorded by the Courts below that the Will dated 4.6.1987 is not proved, is a finding of fact. It could not be pointed out that any evidence has been misread or not taken into consideration. Consequently, I do not find any patent illegality or material irregularity in the finding recorded or that the finding recorded gives rise to any substantial question of law in the present second appeal. Hence, the present appeal is dismissed.

Opinion Without Photographs

Evidence of identification unsupported by photographs is nothing more than an expression of opinion. State of Guj. Vs Adam Fateh Moh. 1971-SCC (Cri) 381

JUDGEMENT (Punjab-Haryana High Court Kamaljeet Kaur And Ors vs Saroj Bala on 25 February, 2016 )

Punjab-Haryana High Court Kamaljeet Kaur And Ors vs Saroj Bala on 25 February, 2016 N THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.                                                                R.S.A No.3818 of 2013 (O&M)        Date of decision :25.02.2016 Kamaljeet Kaur and others                  …… Appellants Versus Saroj Bala                                …….. Respondent CORAM : HON’BLE MR. JUSTICE DARSHAN SINGH But, the plaintiff-respondent has examined Anil Kumar Gupta, the hand writing and finger print expert as PW-6, who has filed his report EX.PW6/1 and he has given the definite opinion that the disputed signatures of Kamaljeet Kaur appearing on the above said application are similar in their writing character with the standard signatures of Kamaljeet Kaur. He further opined that the disputed as well as the standard signatures have been written by one and the same person.  Thus, no question of law, much less, the substantial question of law as claimed by the appellants arises in the present appeal. 18. Consequently, the present appeal having no merits is hereby dismissed with no orders as to costs.

Resemblance in forged signatures.

A clever forger will try to give the forged signatures as much resemblance as possible of a genuine signature. But the personal characteristics of the signatures of the particular individual are often an unfailing guide to determine the genuineness of the signature/writing. It is often difficult work for forger to reproduce faithfully all such characteristics in the signature forged by him.

JUDGEMENT (State Consumer Disputes Redressal Commission M/S Sant Ram Harbans Lal, vs Punjab National Bank, on 23 September, 2013)

State Consumer Disputes Redressal Commission M/S Sant Ram Harbans Lal, vs Punjab National Bank, on 23 September, 2013                                             2nd Additional Bench    STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB            DAKSHIN MARG, SECTOR 37-A, CHANDIGARH                                 First Appeal No. 129 of 2010                                  Date of institution: 29.1.2010                                  Date of Decision : 23.9.2013 M/s Sant Ram Harbans Lal, Shop No. 116, New Grain Market, Muktsar through its Partner Harchand Kumar son of Harbans Lal, resident oa Desh Nagar, Galli No. 3, Kotkapura Road, Muktsar.    …..Appellant/Complainant                         Versus 1.         Punjab National Bank, 7, Bhikaji Cama Place, New Delhi through its Chairman-cum-Managing Director. 2. Punjab National Bank, Jalalabad West District Ferozepur through its Branch Manager. 3. Punjab National Bank, Main Branch Kacha Ferozepur Road, Muktsar through its Branch Manager.  In support of his allegations, the complainant had tendered into evidence affidavit of Harchand Kumar Ex. C-B, Partnership Deed Ex. C-1, Form ‘A’ Ex. C-2, Form ‘C’ Ex. C-3, photocopies of cheques Ex. C-4, specimen signatures of Harchand Kumar Ex. C-5, affidavit of Harchand Kumar Ex. C-6, FIR Ex. C-6/A, copies of ledger book (Rokera) Exs. C-7 to C-18, Profit and Loss A/c Ex. C-19, Balance sheet Ex. C-20, transaction sheet of cheque book Ex. C-21, statement of Anil Kumar Gupta, Handwriting & Finger Prints Expert Ex. C-A and Report Ex. CW-1/1 with Ex. CW-1/10 to Ex. CW- 1/12, Ex. C-22 FSL report, photocopies of cheque Ex. C-23 to Ex. C- 41, specimen signatures of Harchand Kumar Ex. C-43, 44 & 45. Partnership Deed Ex. C-46 to C-49, copies of bills Ex. C-50 & 51, statement Ex. C-52, specimen signatures and amount in words Ex. C-53 to 64, application dated 18.3.07 Ex. C-65. On the other hand, the opposite party had tendered into evidence FSL report with photos dt. 15.9.09 Ex. R-1 to 17, affidavit of Ravi Bajaj of PNB, Jalalabad Ex. RW-2/A, affidavit of B.K. Maini Ex. RW-3/A, Account form and specimen signatures Ex. RW-2/B & C, RW-3/B, RW-4/B, 4/C, 4/D, 4/E, 5/B, affidavit of Kuldip Makkar of PNB, Hoshiarpur as Ex. RW- 4/A, affidavit of Rakesh Kumar Kundra Ex. RW-6/A, affidavit of Surjit Singh Ex. RW-7/A, affidavit of R.K. Mehra, Sr. Mngr, PNB, Muktsar Ex. RW-8/A, statement of A/c RW-8/B. 6. Learned District Forum also recorded the statement of Harchand Kumar s/o Harbans Lal, statement of Anil Kumar Gupta, Hand Writing and Finger Print Expert, Fazilka, cross-examination of Dr. Seema Sharda, Assistant Director, FSL, Punjab, Chandigarh, statement of Dr. Parveen Kumar Janjua, Forensic Investigation Bureau, Dera Bassi, Distt. Mohali. As per the allegations of the complainant their cheque No. 031226 was stolen, its signatures were forged and it was presented before the Bank and payment was taken. To support his contention that the signatures on the cheque in question are not his signatures, he has examined CW-1 Mr. Anil Kumar Gupta, Hand Writing and Finger Print Expert, who in his report Ex. CW-1/1 has observed that signatures were Q-1 and Q-2 of disputed cheque revealed inconsistency in the writing characteristics coupled with line quality defects and after comparing the same with the standard signatures of Harchand Kumar S-1 to S-6 and RW-2/3, he has come to the opinion that the disputed signatures Q-1 and Q-2 are found to be different from the standard signatures S-1 to S-6 and RW-2/3; on the basis of finger movement, alignment, style of writing, line quality, pen pressure and shading, internal writing characteristics and as per that stated that the letter ‘h’, ‘a’, ‘r’, ‘c’, ‘h’, ‘a’, ‘n’, ‘d’, ‘k’, ‘u’, ‘m’, ‘a’, ‘r’ has been differently written in Q-1 and Q-2 as compared to be mark S-1 to S-6 and RW-2/3 and the difference is not merely on account of natural variations but on account of forgery of the signatures. In case we go through enlarged photographs of the signatures having record of Anil Kumar Gupta CW-1/11 and CW-1/12, there is a clear cut difference in writing ‘H’ in Q-1 than S-1 and S-3. Similarly, there is great difference in writing the word ”a’ in Q-1 then S-1 and S-3 because the mouth of the word ‘a’ in Q-1 is open as compared to S-1 and S-3. Similarly, in word ‘r’ there is a vovel in Q-1, which is missing in S-1 and S-3. Then there is apparent difference in writing vowel in ‘d’ in Q-1 as compared to S-1 and S-3. Further there is clear cut difference in writing word ‘K’ in Q-1 as compared to S-1 and S-3 so is in writing word ‘a’ & ‘r’ in Q-1 as compared to S-1 and S-2. Similar circumstances are appearing in case we examine Q-2 with S-4 and S-5 in chart CW-1/11, therefore, we are of the opinion that there is a apparent difference in the signatures on the disputed cheque as compared to the standard signatures of Harchand Kumar on the admitted documents, therefore, certainly, the signatures on the disputed cheque of Harchand Kumar are forged one. Therefore, keeping in view the latest judgment of the Hon’ble National Commission, we are of the opinion that there is negligence on the part of the employees of the opposite parties as they did not take proper care while passing the cheque and did not properly compare the signatures of the complainant with his standard signature in the current account, therefore, the complainant is entitled to compensation and costs. 21. No other point has been raised. 22. In view of the above discussion, the impugned order dated 28.12.2009 is set-aside. The appeal/complaint of the complainant is partly allowed. He is held entitled to recover Rs. 3 lacs from the opposite parties and litigation expenses of Rs. 15,000/-. The opposite parties/respondents are directed to make payment within a period of 30 days. 23. The arguments in this appeal were heard on 9.9.2013 and the order was reserved. Now the order be communicated to the parties as per rules. 24. The appellant had deposited an amount of Rs. 5,000/- with this Commission at the time of filing the appeal.

Similarities in the writing of Different Persons.

            The Hindi letters are some time formed by persons, who are slightly illiterate in much the same way and some pictorial resemblance often results. Chakrapani Jaganath Parshad vs Chandu Sahadeo etc.

JUDGEMENT (Punjab-Haryana High Court Jora Singh vs Dalip Kaur on 15 January, 2002 )

Punjab-Haryana High Court Jora Singh vs Dalip Kaur on 15 January, 2002 Author: M Singhal Bench: M Singhal JUDGMENT M.L. Singhal, J. It was submitted that Anil Kumar Gupta, Document Expert, Fazilka PW3 has stated that he compared the thumb impression alleged to be that of Sham Kaur appearing on receipt Ex.Dl dated 4.1.89 with her standard thumb impression at mark B which is last page of the mortgage deed and found that these thumb impressions do not tally. It was submitted that science of thumb impression is an exact science. There is no reason to dispute the opinion of Shri Anil Kumar Gupta PW3. It was submitted that Zora Singh has not examined any other document expert to show that the thumb impressions allged to be that of Sham Kaur appearing on receipt Ex.Dl tallies with the thumb impression of Sham Kaur on the last page of mortgage deed mark B.  In view of what 1 have said above, this appeal fails and is dismissed. Judgment and decree of the first appellate court are correct and are maintained. No order as to costs.

JUDGEMENT (In the High Court of Punjab and Haryana at Chandigarh)

In the High Court of Punjab and Haryana at Chandigarh RSA- 374 of 2016(O&M)                                                                  Date of Decision:17.9.2018 Surjit Kaur (since deceased) through her LRs                                  —Appellant vs. Sukhdev Singh and others                                                                 — Respondents Coram: Hon’ble Mrs. Justice Rekha Mittal the respondents examined Anil Kumar Gupta, Handwriting and Finger Prints Expert to prove on the basis of comparison that Will bears thumb impressions of Bhola Singh and the same tally with thumb impressions of Bhola Singh on gift deed Ex. D2, written statement and statement of Bhola Singh in civil suit No. 150 dated 24.3.1972. Counsel for the appellant has failed to point out if testimonies of aforesaid witnesses are not worthy of credence and reliance or the same are not sufficient to prove the Will in consonance with the provisions of Section 69 of the Indian Evidence Act. There is no counter to testimony of handwriting expert that the Will is thumb marked by Sh. Bhola Singh. For the foregoing reasons, the appeal fails and is accordingly dismissed in limine. As the appeal has been decided on merits, applications for condonation of delay of 109 days in refiling and 12 days in filing the appeal are of academic relevance.

JUDGEMENT (IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH)

IN THE HIGH COURTOF PUNJAB AND HARYANA, CHANDIGARH. RSA No.3044 of 2008                                                            Date of decision: 14.1.2010  Mohinder Kaur and another                                                                          …..Appellants  vs. Kanwal Singh and others.                                                                        …..Respondents  CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR GARG. — Present: Mr.B.S.Bhalla, Advocate, for the appellants. Rakesh Kumar Garg,J In order to establish this fact they got thumb mark on the statement in the above said civil suit compared with specimen thumb impressions from Shri Anil Kumar Gupta handwriting and finger print expert. He stepped into the witness box as PW5 and gave his detailed report Ex.PW5/C alongwith photographic charge. As per this report the disputed thumb impressions could not be compared with the specimen thumb impression because the disputed thumb impressions were unfit for comparison. During the course of arguments, learned counsel for the appellants was unable to controvert any of the aforesaid finding recorded by the lower appellate Court. Thus, I find no fault with the aforesaid finding of the Courts below. No substantial question of law arises in this appeal. No merit. Dismissed.

JUDGEMENT

RSA No.2295 of 2009 (O&M) 1 In the High Court for the States of Punjab and Haryana at Chandigarh. Decided on January 22,2010. Harbans Lal – Appellant vs. Gurdev Singh –Respondent. CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN In order to substantiate his case, plaintiff himself appeared in the witness box as PW-1 and after tendering some documents closed his evidence. On the other hand, defendant examined Harinder Kalia, Deed Writer as DW-1, Anil Kumar Gupta, Handwriting and Finger Prints Expert as DW-2, himself appeared in the witness box as DW-3 and closed his evidence. In view of the above, I do not find any merit in the present appeal and the same is hereby dismissed in limine, however, without any order as to costs

JUDGEMENT (Gian Chand v. Baldev Raj, (P&H) : Law Finder Doc Id # 129271 )

Gian Chand v. Baldev Raj, (P&H) : Law Finder Doc Id # 129271 PUNJAB AND HARYANA HIGH COURT Before :- Hemant Gupta, J. Regular Second Appeal No. 2867 of 2005. D/d. 23.2.2007 GianChand – Appellant Versus Baldev Raj – Respondent Civil Procedure Code – Money suit – An agriculturist getting loan from commission agent (plaintiff) – Plaintiff filing suit for recovery of the loan amount – Suit decreed – Plaintiff is not entitled to pre-suit interest as it is not a commercial transaction.                 Plaintiff  Baldev Raj has examined himself as PW1 and proved the transactions between the parties. PW3 Shri Anil Kumar Gupta, Handwriting Expert, has compared the disputed signatures of the defendant on the bahi entries including that of Exhibits P-13 to P-15. Therefore, it is not the bahi entries alone which have been taken into consideration. Such evidence has been taken as corroborative evidence between the parties. In view of the above, the impugned decree passed by the Courts below is modified. The suit of the plaintiff is decreed for the recovery of Rs. 63,477.06 along with interest at the rate of 6% per annum on the sum of Rs. 53,072.06 from the date of filing of suit till realisation of decretal amount. 9. The appeal stands disposed of accordingly.

Comparison by Court – beyond limits

The court acted as an expert by comparing the signatures itself without the devices which are available to a handwriting expert, besides the lack of knowledge of the subject, which the handwriting expert possesses, is going beyond the ordinary limits of the capacity of the court. AIR 1960 And. Pd 359             The original document should not be sent outside court. It is desirable that the expert examine the document in the court and submit his report. 2005 (2) LJR – 475 (mad)

Comparison by Court – Dangerous

The decision by the court based up on comparison by it specially without the aid of enlarged photographs or any expert advice – is dangerous. Shriniwas Pansari vs. Dr.Hari Parshad AIR 1983 Patna 321

Copy of the Expert Report to the Parties

The copy of the detailed report , bearing reason, on the bases of which the expert arrived on conclusion, were not supplied to the parties earlier rather produced in court, at the time of evidence – no prejudiced – could ask for time to prepare themselves effectively for the purpose of cross-examination.

Cross examination by Expert

            A recognized agent of the party is entitled to examined and cross examined the witness. As such the handwriting Expert in whose favour the party has executed a special power of attorney is entitled to cross examine the Handwriting Expert of opposite Party. Govind Narain Vs Choti Devi AIR 1966 Raj 170. Cross examination of a witness is acting and not pleading. Hence there is no objection in special cases for a expert being allowed under special power of attorney to be employed for the cross examination of another expert in the same line of business of other side. Thamu Deo vs. Bal Deo 1942 Nagpur Law Journel 449.

JUDGEMENT (Punjab-Haryana High Court Hartej Singh vs Jagjit Singh on 3 March, 2020 )

Punjab-Haryana High Court Hartej Singh vs Jagjit Singh on 3 March, 2020 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No. 5185 of 2019(O&M)             Date of decision: 3.3.2020 Hartej Singh                              …..Appellant                               VERSUS Jagjit Singh                              …..Respondent CORAM: HON’BLE MRS. JUSTICE REKHA MITTAL To prove his case, Jagjit Singh – plaintiff examined himself as PW-1, Ram Singh attesting witness PW-2, Satpal Bansal, scribe of the pronote and receipt PW-3 and Anil Kumar Gupta, Handwriting and Fingerprints Expert PW-4. 1 of 2 To rebut evidence of the respondent/plaintiff, appellant appeared in the witness box and examined Another  Handwriting and Fingerprints Expert. The Courts, on appreciation of materials on record, in the light of rival contentions raised by the parties, recorded a finding that pronote and receipt was executed by the appellant/defendant. Since both the parties have examined different experts to establish their contention raised in the pleadings and in absence of counsel for the appellant pointing out any material on record that report and testimony of  Another Expert invites primacy over testimony of Sh. Anil Kumar Gupta PW-4 and direct evidence led by the respondent/plaintiff, I find it difficult to intervene in concurrent findings recorded by the Courts based upon evidence on record. For the foregoing reasons, finding no merit, the appeal fails and is accordingly dismissed in limine.

JUDGEMENT (Punjab-Haryana High Court Bhagirath vs Daya Nand on 29 January, 2019 )

Punjab-Haryana High Court Bhagirath vs Daya Nand on 29 January, 2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-12499-2018 (O&M)               Date of decision:29.01.2019 Bhagirath                                      …..Petitioner                                versus Daya Nand                                       ….Respondent CORAM: Hon’ble Mr. Justice Kuldip Singh It comes out that in a complaint under Section 138 of Negotiable Instrument Act, accused had taken a plea that the complainant has interpolated the figures of the year written in the cheque from 2013 to 2014. For this purpose, he examined the expert namely Anil Kumar Gupta. The 1 of 2 said expert was cross-examined by counsel for the complainant with the help of another expert. Now the complainant wants to examine said Handwriting Expert  in additional evidence. I am of the view that allegations are of interpolation of the year which could be visible to naked eye. Therefore, examination or cross- examination of expert by the complainant will be useless exercise. In case of interpolation of the year, the Court is always at liberty to examine the same independent of the opinion given by the expert to see whether there is any interpolation or not. Accordingly, petition is dismissed. However, trial Court shall always be at liberty to itself examine the documents to see whether there is an interpolation of the year or not.

JUDGEMENT (Punjab-Haryana High Court Sadhu Singh vs Gurdeep Singh And Ors on 1 March, 2018 )

Punjab-Haryana High Court Sadhu Singh vs Gurdeep Singh And Ors on 1 March, 2018 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.                                    Date of decision : 01.03.2018                                    RSA-5041-2011 (O&M) Sadhu Singh (deceased through LRs)              … Appellant(s)                               Versus Gurdeep Singh and others                          … Respondents                                     RSA-284-2012 (O&M) Gian Kaur                                       … Appellant(s)                                 Versus Gurdeep Singh and others                         … Respondents                                     RSA-3288-2012 (O&M) Harbhajan Kaur                                  … Appellant(s)                                  Versus Gurdeep Singh and others                         … Respondents                                       RSA-1490-2012 (O&M) Jang Singh (deceased through LRs)              … Appellant(s)                                   Versus Gurdeep Singh and others                        … Respondents CORAM: HON’BLE MR. JUSTICE AMIT RAWAL The plaintiff examined Gurcharan Singh as PW-1, Mohan lal PW2, Malkiat Singh PW3, Kuldip Singh PW4, Nazar Singh PW5, Mohinder Kaur PW6, Sadhu Singh PW7, Vijay Bansal PW7/A, Sh. N.K. Aggarwal PW8 and Gurdip Singh-plaintiff himself as PW8, Anil Kumar Gupta PW9 and in rebuttal, Anil Kumar Gupta PW10. He also examined Hari Krishan Singh PW11 and tendered in evidence the documents as Ex.P33 to Ex.P38, whereas defendant examined Gian Kaur as DW1, Sadhu Singh DW2, Milkha Singh DW3, Baldev Kaur DW4, Harbans Singh DW5, Bohar Singh DW6 and brought on record the documents Ex.D1 to D8 i.e. various orders, whereby the criminal proceedings initiated against Sadhu Singh. PW9-Anil Kumar, hand-writing expert, compared the aforementioned signatures of Surjit Kaur on the Will and other documents and opined that they were of same very person. Anil Kumar Gupta in rebuttal also appeared as PW-10 and proved his report (Ex.PW10-1), wherein he on comparison of signatures of Surjit Kaur on the documents referred above opined that the signatures of Surjit Kaur on Will dated 06.09.1995 (Ex.D3), did not tally with the signatures on her passport Ex.P11. Resultantly, the appeal bearing RSA No.284 of 2012 is allowed and the other three appeals bearing RSA No.5041 of 2011, RSA No.1490 of 2012 and RSA No.3288 of 2012 are dismissed.

JUDGEMENT (Punjab-Haryana High Court Sona Ram And Anr. vs Mulakh Raj Alias Lekh Raj And Anr. on 18 February, 1999)

Punjab-Haryana High Court Sona Ram And Anr. vs Mulakh Raj Alias Lekh Raj And Anr. on 18 February, 1999 Equivalent citations: (1999) 123 PLR 811 Author: V Jhanji Bench: V Jhanji JUDGMENT V.K. Jhanji, J. After hearing the learned counsel and going through the record, I do not find merit in the contention of the learned counsel for the plaintiff. In the plaint, plaintiff specifically alleged that the defendant procured decree by impersonation. It was averred that neither the plaintiff-thumb marked any plaint nor filed any suit nor engaged any counsel nor appeared in Court. Defendant, in order to prove that it was not a case of impersonation but the plaintiff himself had filed the suit, examined Anil Kumar Gupta, Document Expert and got compared the admitted thumb impressions of the plaintiff with the disputed thumb impressions on the plaint, application dated 7.6.1991 and the Vakalatnama. Anil Kumar Gupta, Expert vide his report opined that the disputed thumb impressions, Mark Q1 to Q4 and standard thumb impressions, Mark S1 and S2 are identical and affixed by one and the same person. Excepting the bald assertion of the plaintiff that he had not filed the suit or thumb marked the plaint or Vakalatnama, there is no evidence that some one else other than the plaintiff had filed the suit or thumb marked the application or the Vakalatnama. If at all, it was a case of impersonation, it was for the plaintiff to explain as to under what circumstances his thumb impressions came to be appended on the plaint, the application and the Vakalatnama. Plaintiff, as a matter of fact, has miserably failed to discharge the onus which heavily lay upon him.  Resultantly, the appeal fails. It is accordingly dismissed.

JUDGEMENT (State Consumer Disputes Redressal Commission Sukhminder Singh And Another vs Metlife India Insurance Company … on 26 March, 2018 )

State Consumer Disputes Redressal Commission Sukhminder Singh And Another vs Metlife India Insurance Company … on 26 March, 2018                                         FIRST ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB        SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.                 First Appeal No.1272 of 2013                                Date of Institution : 22.11.2013                                   Order Reserved on: 23.03.2018                                   Date of Decision : 26.03.2018   1. Sukhminder Singh son of Hira Singh 2. Sukhchain Singh son of Sukhminder Singh both residents of Village Rupana, Tehsil and District Sri Mukatsar Sahib. …..Appellants/complainants Versus 1. Metlife India Insurance Company Limited, Brigade Sesganahak 5, Vani Vilas Road, Basavangaudi, Bangalore-500004 through its Managing Director. 2. OP no.2 deleted, vide order dated 29.02.2012. 3. OP no.3 deleted, vide order dated 11.04.2012. 4. Manisha Malhotra, House No.2195, Sector-15-A, Chandigarh. …..Respondents/opposite parties First Appeal against order dated 20.09.2013 passed by the District Consumer Disputes Redressal Forum, Sri Muktsar Sahib. Quorum:- Shri J. S. Klar, Presiding Judicial Member Smt. Surinder Pal Kaur, Member Present:- The complainants tendered in evidence affidavit of Anil Kumar Gupta, Handwriting Expert Ex.CW-1/A alongwith his report Ex.CW-1/B alongwith other documents Mark A-1 to A-8, affidavits Ex.C-1 and C-2 and documents Ex.C-3 to Ex.C-8 and closed the evidence. In this regard, the complainants examined Anil Kumar Gupta, Handwriting & Prints Expert, who tendered in evidence his affidavit Ex.CW1/A. This witness also submitted his report Ex.CW-1/B after examining the disputed signatures and specimen signatures of complainant and concluded that there are forged signatures on proposal form by means of impersonation, because they were not similar in characteristics. This witness has gone unrebutted by OPs on the record in our view. The testimony of the complainants received due corroboration from the testimony of document expert witness that complainants have not signed the documents and they were forged one.  As a result of our above discussion, we accept this appeal of the appellants and set aside the order of the District Forum, Sri Muktsar Sahib dated 20.09.2012 and direct respondent no.1 of this appeal to refund the entire deposited amount of complainants with interest @9% per annum from the date of its deposits till actual payment. OP no.1 is further directed to pay Rs.30,000/- as compensation for mental harassment and Rs.10,000/- as cost of litigation. The appeal is, thus, accepted and stands disposed of by reversing the order of the District Forum, Sri Muktsar Sahib. The above amounts shall be payable by OP no.1 to complainants within 45 days from the date of receipt of certified copy of this order. (J. S. KLAR) PRESIDING JUDICIAL MEMBER (SURINDER PAL KAUR) MEMBER March 26, 2018 MM

JUDGEMENT (Punjab-Haryana High Court Harbans Kaur And Anr vs Atma Singh And Ors on 28 October, 2014 )

Punjab-Haryana High Court Harbans Kaur And Anr vs Atma Singh And Ors on 28 October, 2014 In the High Court of Punjab and Haryana at Chandigarh                                                        R.S.A.No.2670 of 2012              Date of decision: 28.10.2014 Harbans Kaur and another                        ……Appellants                              Versus Atma Singh and others                         …….Respondents CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH  P-5 Anil Kumar Gupta, handwriting and finger print expert also deposed in confirmation of due execution of Will as the disputed thumb impressions marked Q-1 to Q-3 were found identical with thumb impressions of Bhag Singh marked S-1 and S-2 being affixed by one and the same person. Similarly, he has also given the information that the disputed thumb impression mark S-1 and standard thumb impressions of Hazara Singh mark H-1 and H-2 are proved to be affixed by one and the same person. The witness has also given an information that the disputed signatures mark D-1 and D-2 and standard signatures of Jarnail Singh mark A-1 to A-3 are also similar in their writing characteristics and have been written by ANITA DEVI one and the same person. Since the plaintiff is not found to be in possession though, he has been declared to be owner as such, therefore, the plaintiff is held entitled to possession qua his share in the capacity of co-sharer and the defendants have been rightly restrained from creating any charge over the property in any manner. Consequently, the appeal filed by the appellant is found to be meritless. No substantial question of law is involved for consideration of this Court. The appeal is, consequently, dismissed. (RAJ MOHAN SINGH) JUDGE October 28, 2014 anita ANITA DEVI 2014.11.19 11:05 I attest to the accuracy and integrity of this document Chandigarh

JUDGEMENT (Punjab-Haryana High Court Santosh vs Vinod Kumar And Others on 3 December, 2013 )

Punjab-Haryana High Court Santosh vs Vinod Kumar And Others on 3 December, 2013 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.D-762-DB of 2013 Date of Decision: 03.12.2013 Santosh                                   ….Appellant                              versus Vinod Kumar and others                     ….Respondents CORAM:        HON’BLE MR.JUSTICE HEMANT GUPTA               HON’BLE MR.JUSTICE FATEH DEEP SINGH he prosecutrix has been confronted with her letters written to accused-Vinod, which carry expression of emotional ties and love relationship and the handwriting and finger print expert DW4 Anil Kumar Gupta has proved her writings which were compared with her standard writing and signatures, are matter which have their own affect The learned trial Court had given a well reasoned finding and has fully discussed the evidence brought on the record. We are, thus, not inclined to show any indulgence in granting leave to appeal and which as such is declined. Consequently, the appeal stands dismissed. (Hemant Gupta) Judge (Fateh Deep Singh) Judge 03.12.2013 neenu Verma Neenu 2013.12.09 15:12 I attest to the accuracy and integrity of this document Chandigarh

JUDGEMENT (Punjab-Haryana High Court Manjit Kaur @ Taro vs Jagtar Singh on 3 May, 2012 )

Punjab-Haryana High Court Manjit Kaur @ Taro vs Jagtar Singh on 3 May, 2012 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. RSA No.1665 of 2012(O&M)           Date of Decision:-03.05.2012 Manjit Kaur @ Taro.                         ……Appellant.                                    Versus Jagtar Singh.                               ……Respondent. CORAM:- HON’BLE MR. JUSTICE JASWANT SINGH. Present:-   Mr. Jasbir Singh, Advocate for the appellant.                                 *** JASWANT SINGH, J. Plaintiff had further examined Anil Kumar Gupta (Handwriting and Finger Print Expert) who had proved on record his report Ex.PW-3/1 whereby it was mentioned that the thumb impression on the agreement to sell were of the defendant. In this scenario, I have no hesitation in holding that the agreement to sell is proved on record by the plaintiff and thus the onus had shifted upon defendant/appellant to prove the fact that the agreement to sell was not RSA No.1665 of 2012(O&M) #4# executed by him. This fact is further proved from the circumstance that in rebuttal to the report of the handwriting expert examined by the plaintiff, no handwriting expert has been examined by the defendant so as to prove the fact that the thumb impression did not belong to him. Hence, it can be safely presumed that the agreement to sell was executed by the defendant after fully knowing the contents of the same.

JUDGEMENT (Punjab-Haryana High Court Jasvir Singh And Ors vs M/S Hukam Chand Subhash Chander … on 31 October, 2014 )

Punjab-Haryana High Court Jasvir Singh And Ors vs M/S Hukam Chand Subhash Chander … on 31 October, 2014 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA-3777-2011 (O&M)                 Date of Decision: 31.10.2014 Jasvir Singh and others                       ….. Appellants                          Versus M/s Hukam Chand Subhash Chander Sood and others                                               …..Respondents CORAM: HON’BLE MR. JUSTICE R.P NAGRATH Before that the plaintiff-firm examined its own hand-writing expert, namely; Anil Kumar Gupta (PW-2), who compared that signatures of Avtar Singh on different entries with his standard signatures and it was found that the disputed signatures of Avtar Singh marked as Q6 to Q14 and standard signatures of Avtar Singh marked as S1 and S2 are similar in their writing characteristics and have been written by one and the same person.  In order to substantiate their plea they have examined  Finger and Handwriting Expert, who while stepping into the witness box as DW-1 submitted her report Ex. DW1/1. She has testified that entries in the bahies of plaintiff are fraudulent one. However, in the cross-examination she has totally shattered the case of defendant no. 3. She has admitted that entries are genuine one. She further adds that age and time of writing or ink cannot be determined by any technique. She has also stated that she did not examine the writing characteristic of the digit of the entry at mark Q-1 to Q-15 in this case. She has admitted to be correct that some of the entries examined by her are genuine according to her report. Re-touching and alteration or addition can be genuine RISHU KATARIA 2014.11.28 16:21 I attest to the accuracy and authenticity of this document RSA-3777-2011 (O&M) -11- as well as fraudulent and this depends upon the matter in hand. She has further stated that there is no fraudulent addition or alteration on the entry dated 23.5.1998, 19.8.1998, 15.9.1998, 5.11.1998, 16.11.1998, 30.6.1998 and 5.6.1998. She has also categorically admitted that is there is any addition on the right side, then there must be some addition or alteration on sum total present on the left side in the entries of bahi khata to make the balance correct. There is a firm finding of fact by both the Courts below and the learned counsel for the appellants has not been able to show that either there is misreading of evidence or that the material available with the Courts below was ignored. No substantial question of law arises. The appeal is without merit and thus dismissed.

JUDGEMENT (Punjab-Haryana High Court Iqbal Singh vs Hardayal Rai on 3 December, 2019 )

Punjab-Haryana High Court Iqbal Singh vs Hardayal Rai on 3 December, 2019 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No. 1746 of 2013 (O&M)          Date of decision : 3.12.2019                                … Iqbal Singh                            …………….Appellant                                 vs. Hardayal Rai                         ……………..Respondent Coram: Hon’ble Mr. Justice H. S. Madaan PW-3 Anil Kumar Gupta, Handwriting and finger Print Expert, Fazilka, proved his report Exhibit PW 3/1, photocharts Exhibits PW 3/2 to PW 3/5, specimen handwriting of Hardyal Rai as Exhibit PW 3/6. The finding of the trial Court was modified accordingly. Such findings recorded by the Courts below are proper and appropriate. The judgments passed by the Courts below do not suffer from any illegality or infirmity. No ground is there to upset such judgments. No substantial question of law arises. There is no merit in the appeal and the same stands dismissed accordingly.

JUDGEMENT (Punjab-Haryana High Court Banta Singh vs Ajit Singh on 23 August, 2011 )

Punjab-Haryana High Court Banta Singh vs Ajit Singh on 23 August, 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A No.3386 of 2011 (O&M)  Date of decision: 23rd August, 2011 Banta Singh                                     … Appellant                                   Versus Ajit Singh                                      … Respondent CORAM:        HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Anil Kumar Gupta, Handwriting and Fingerprint Expert DW-1 has also compared the signatures of Ajit Singh respondent-plaintiff and has stated that they tally with the signatures on the plaint as well as on replication and vakalatnama. It was stated that thus, there was a grave error on the part of the trial Court not to exhibit the writing dated 3rd January, 1972. Thus, the substantial question of law formulated by counsel for the appellant that the writing dated 3rd January, 1972 could not be ignored by the Courts below in view of the testimony of Anil Kumar Gupta Handwriting and Fingerprint Expert DW-1, As a result of the above discussion, there is no merit in the present appeal and hence, the same is hereby dismissed.

JUDGEMENT (Punjab-Haryana High Court Sukhwinder Kaur And Another vs Krishan Kumar on 31 October, 2008 )

Punjab-Haryana High Court Sukhwinder Kaur And Another vs Krishan Kumar on 31 October, 2008 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A No.3478 of 2007       Date of decision: 31st October, 2008 Sukhwinder Kaur and another                       … Appellants                                     Versus Krishan Kumar                                     … Respondent CORAM:       HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA He also examined Surinder Kumar attesting witness PW-2 and Anil Kumar Gupta, Handwriting and Fingerprint Expert PW-3. Appellant-defendant Sukhwinder Kaur herself appeared as DW-1. Amarjit Singh, Advocate was examined as DW-2, Harminder Singh as DW-3 and Mohinder Nath Sharma as DW-4. Both the parties had examined the Handwriting and Fingerprint Expert and they had given their reports, which were in variance with each other. The trial Court found it safe not to rely upon the testimony of any Expert. Taking into consideration the pronote (Ex.P-1) and receipt (Ex.P-2), the testimony of Suridner Kumar PW-2 attesting witness, the suit was decreed. The Court further held that it had applied intrinsic test and himself examined the documents and found the same not to be forged or fabricated. Accordingly, decree and judgment of the appellate Court is modified to the extent that plaintiff will not be entitled to pendentelite interest @ 12 percent p.a. and costs. However, he shall be entitled to recovery of Rs.1.00 lac with interest @ 6 percent p.a. from the date of decree till realization of the decretal amount. With these modifications in the order of appellate Court below, present appeal is disposed off

JUDGEMENT (Punjab-Haryana High Court Raj Kumar vs Bhushan Pal on 23 August, 2012 )

Punjab-Haryana High Court Raj Kumar vs Bhushan Pal on 23 August, 2012 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR 4933/2012(O&M)                    Date of decision:23/08/2012 Raj Kumar                                ………….Petitioner                        vs. Bhushan Pal                              ………….Respondent CORAM: HON’BLE MR.JUSTICE JASWANT SINGH They further denied the suggestion that the signatures of the tenant were obtained on blank papers or that the rent note was a forged and fabricated document. The proving of the rent note further found corroboration from the evidence of Handwriting and Finger Print Expert AW5 Mr. Anil Kumar Gupta, who duly proved his report A4 and opined that the signatures were that of the tenant Raj Kumar. In rebuttal, the tenant did not examine any Expert or led any other evidence to prove that the signatures were forged and fabricated or were obtained on blank papers.  At the time of arguments, learned counsel for the petitioner could not show any infirmity in the orders passed by the courts below, moreso, in view of provisions of Section 116 of the Indian Evidence Act,1872, prohibiting a tenant from raising the plea of title of the landlord who had inducted him at the initial stage. Dismissed.

JUDGEMENT (Punjab-Haryana High Court Jeet Singh vs Suraj Kanwar And Ors on 9 September, 2014 )

Punjab-Haryana High Court Jeet Singh vs Suraj Kanwar And Ors on 9 September, 2014 HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. RSA No.2340 of 2014 (O&M)            Date of decision:09.09.2014 Jeet Singh                                  …Appellant                              Versus Suraj Kanwar and others                    …Respondents CORAM:       HON’BLE MR. JUSTICE RAMESHWAR SINGH MALIK PW.5 Anil Kumar Gupta, Handwriting and Finger Print Expert tendered his report Ex.PW.6/1, negatives ExPW.5/2 to Ex.PW.5/22 and photocharts Ex.PW.5/23 to Ex.PW.5/29 and opined that disputed thumb impressions mark Q.1 to Q.17 and standard thumb impressions of Mahla Singh mark S1 to S.4 are identical with each other and have been affixed by one and the same person. Considering the peculiar facts and circumstances of the case noted above, coupled with the reasons aforementioned, this Court is of the considered view that the present appeal is wholly misconceived, bereft of merit and without any substance. Thus, it must fail. No case for interference has been made out. Consequently, the impugned judgment and decree passed by the learned first appellate court are upheld. Resultantly, the instant appeal stands dismissed. Pending application also stands disposed of. No costs.

JUDGEMENT (Punjab-Haryana High Court Jeet Singh And Anr vs State of Haryana And Anr on 31 October, 2017 )

Punjab-Haryana High Court Jeet Singh And Anr vs State of Haryana And Anr on 31 October, 2017 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRR-3508-2016                       Date of decision:-31.10.2017 Jeet Singh and another                         …Petitioners                     Versus State of Haryana and another                   …Respondents CRR-3761-2016 Desh Raj and another                            …Petitioners                     Versus State of Haryana and another                     …Respondents CORAM : HON’ BLE MR. JUSTICE H.S. MADAAN In pre-charge evidence the complainant examined himself as PW1, Satnam Chand as PW2 and Anil Kumar Gupta, Handwriting & Fingerprints Expert as PW3, besides tendering documents. In view of the above, I find no illegality or infirmity in the judgments passed by the Courts below, as regards the conviction and sentence part, those are upheld and appeals are found to be without any merit and are dismissed accordingly. The petitioners in both the petitions are stated to be on bail granted to them by this Court while suspending their sentence. Their bails are cancelled. Chief Judicial Magistrate, Fatehabad is directed to issue arrest warrant to get them arrested so as to make them undergo the remaining sentence. Necessary information be sent to the quarter concerned.

JUDGMENT (Punjab-Haryana High Court Banarsi Dass vs Darshan Singh on 1 May, 2019 )

Punjab-Haryana High Court Banarsi Dass vs Darshan Singh on 1 May, 2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM No.A-1911-MA of 2016 (O&M)    Date of decision: May 01, 2019 Banarsi Dass                                  …Applicant                                   Versus Darshan Singh                                 …Respondent CORAM: HON’BLE MR. JUSTICE INDERJIT SINGH INDERJIT SINGH, J. In defence, accused examined DW-1 Anil Kumar Gupta, Finger Print Expert, DW-2 Manish Kumar, Clerk, Bank of India, Branch Faridkot, DW-3 Shalinder Singh, Auction Recorder, Market Committee Faridkot, DW-4 Amandeep Arora, Field Officer, Canara Bank, Branch Office, Faridkot, DW-5 Ravinder Kumar Singla, Auction Recorder, Market Committee, Sadiq, DW-6 Kuldeep Singh and DW-7 Parjinder Singh. It is settled law that presumption under Section 139 of the Negotiable Instruments Act can be rebutted by raising probable defence. In the present case, the accused has raised defence which is duly supported and corroborated by the defence evidence as well as case of the complainant. Firstly, DW-1 Anil Kumar Gupta, Finger Print Expert, has compared the handwriting of the body of the cheque and opined that it is not in the hands of the accused, which supports the defence version as it was a blank cheque which has been misused. In view of the above discussion, I find that the impugned judgment dated 05.08.2016 passed by learned JMIC, Faridkot, is correct, as per law and evidence and does not require any interference from this Court. No ground is made out for grant of leave to appeal and therefore, the present application stands dismissed.

JUDGEMENT (Punjab-Haryana High Court Harbhagwan vs Mona Ram on 19 January, 2016 )

Punjab-Haryana High Court Harbhagwan vs Mona Ram on 19 January, 2016 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.M. NO.9601 C OF 2014 & R.S.A. NO.4134 OF 2014                               DATE OF DECISION: JANUARY 19, 2016 Harbhagwan                                 …..Appellant                                  VERSUS Mona Ram                                    ….Respondent CORAM:- HON’BLE MR.JUSTICE AUGUSTINE GEORGE MASIH the respondent-plaintiff had produced PW3 Anil Kumar Gupta, Handwriting and Finger Print Expert, who, on the basis of the admitted signatures on the written statement, affidavit and Vakalatnama, which have been treated to be as the standard signatures, while comparing with signatures on the entries, which were disputed by the appellant-defendant, proved/opined the same to be that of the appellant-defendant. Even in the lengthy cross-examination, nothing has come out, which would effect the veracity of the report given by said witness. No substantial question of law is involved in the present appeal. Therefore, finding no merit in the present appeal, the same stands dismissed. Since the main appeal stands dismissed, C.M. No. 9601 C of 2014 for staying the operation and execution of the impugned judgements and decree is also dismissed.

JUDGEMENT (Punjab-Haryana High Court Balwant Singh vs Mohinder Singh And Others on 13 November, 2009 )

Punjab-Haryana High Court Balwant Singh vs Mohinder Singh And Others on 13 November, 2009 In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 4098 of 2009 (O&M)        Date of decision: 13.11.2009 Balwant Singh                          ……Appellant                          Versus Mohinder Singh and others            …….Respondents CORAM: HON’BLE MRS. JUSTICE SABINA The thumb impressions on the stamp papers, which were produced on 14.11.1996, for execution of the agreement were examined by the handwriting and finger print expert DW-1 Anil Kumar Gupta and he gave his opinion that the alleged thumb impressions of Bhagwan Singh on entry No.7033 dated 14.11.1996 in the register of the stamp vendor Janak Ran on page No.231 did not match with standard thumb impressions of Bhagwan Singh appearing on the agreement Ex.P-1. In these circumstances, the Courts below had rightly held that the agreement to sell Ex.P-1 had not been duly proved by the plaintiff. No substantial question of law arises in this regular second appeal. Accordingly, the same is dismissed.

JUDGEMENT (Punjab-Haryana High Court Pawan Kumar And Anr vs Baldev Singh And Ors on 14 February, 2018 )

Punjab-Haryana High Court Pawan Kumar And Anr vs Baldev Singh And Ors on 14 February, 2018 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.1723 of 2016 (O&M)    Date of Decision: February 14, 2018 Pawan Kumar and another                      …Appellants                          Versus Baldev Singh and others                      …Respondents CORAM:- HON’BLE MR.JUSTICE HARINDER SINGH SIDHU To prove their case the plaintiffs examined Plaintiff No.1 Baldev Singh as PW-1, Om Parkash as PW-2, Jagdeep Singh as PW-3 and Anil Kumar Gupta, Finger Print Expert as PW-4. On the side of the defendants, defendant No.1 appeared as DW-1 and Raghbir Singh appeared as DW-2. PW-4 Anil Kumar Gupta, Handwriting and Fingerprints Expert proved the signatures of defendant No.3 Puran Chand Mistri on the receipts Ex.PW4/11 to Ex.PW4/35. DW-2 Raghbir Singh,  Thus, there is no ground to interfere with the concurrent findings of fact recorded by the learned courts below. No substantial question of law arises for consideration in the present regular second appeal. Hence, the same is dismissed.

JUDGEMENT (Punjab-Haryana High Court Bhola Singh vs Leela Ram on 16 August, 2017 )

Punjab-Haryana High Court Bhola Singh vs Leela Ram on 16 August, 2017 Civil Revision No.2113 of 2016                              1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH                               Civil Revision No.2113 of 2016                               Date of Decision: 16.08.2017 BHOLA SINGH                           ……Petitioner        Vs LEELA RAM                               ….Respondent CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH  On one hand judgment-debtor has examined himself as AW-1 and one Jagdeep Singh as AW-2 in support of his case. The decree-holder has examined himself as DH-1 and one Anil Kumar Gupta, Handwriting and Finger Prints Expert as DH-2. The expert has opined that the signatures appearing on the alleged compromise are not that of the decree-holder. The executing Court has doubted the genuineness of the compromise in view of the fact that though the same was allegedly recorded during pendency of the execution, but still the same was not executed before the Court. [4]. In view of attending circumstances, I find no reason to differ with the observations made by the trial Court. This revision petition is accordingly dismissed.

JUDGEMENT (Punjab-Haryana High Court Karamjit Singh vs Raman Kumar & Ors on 19 October, 2011)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.4038 of 2011 (O&M)          Date of Decision: 19 .10.2011 KaramjitSingh                                       …Appellant                               Vs. Raman Kumar & Ors.                                   Respondents BEFORE: HON’BLE MR.JUSTICE A.N.JINDAL The defendant appears to have examined , DW 2 Handwriting and Finger Prints Expert, in order to counter the earlier report of PW 6 Anil Kumar Gupta, Handwriting & Finger Prints Expert, who is an expert of repute suggesting no allegations against him. Even otherwise, the defendant has failed to rebut the oral evidence of the plaintiffs, scribe and the witnesses, in whose presence the document was scribed and he had signed the same. Writing Ex.P2 and P.3 dated 2.4.1998 and 2.4.1999 cannot be false and fabricated one because as per record suit was filed on 8.11.2000 on the basis of the agreement dated 5.4.1997. Stipulated date for execution of the sale deed was 3.4.1998. Suit having been filed within three years from the stipulated date was within limitation and there was no need to make a repeated writing for extension of time. As such the plaintiffs cannot be said to have any intention to forge the entries to bring the suit within limitation. Consequently, the plea, that the entries were forged on the document, is proved to be incorrect. Since both the courts below have already given relief with regard to alternative relief for recovery of the amount, therefore, it would not be proper to further lessen the same. No substantial question of law arises in this appeal for determination of this court. Dismissed.

JUDGEMENT (Rajasthan High Court Atma Ram vs State Of Rajasthan And Anr. on 20 January, 1999)

REPORT OF ANIL KUMAR GUPTA HANDWRITING EXPERT HAS BEEN PREFERRED OVER REPORT OF STATE FORENSIC SCIENCE LAB RAJASTHAN AS REPORT OF ANIL KUMAR GUPTA CONTAINS DETAILED REASONS AND THERE ARE NO REASON GIVEN IN THE REPORT OF FORENSIC SCIENCE LAB (FSL). Rajasthan High Court Atma Ram vs State Of Rajasthan And Anr. on 20 January, 1999 Equivalent citations: 1999 CriLJ 4274 Author: G Gupta Bench: G Gupta ORDER G.L. Gupta, J. Mr. Shishodia contended that by the opinion of the F.S.L. it is not borne out that the letter was written by the deceased. In my opinion, at this stage, on the basis of the report of the F.S.L. it cannot be accepted that the letter in which the allegation of cruelty soon before the death of Vijay Laxmi is mentioned, was not written by the accused. There is also the report of handwriting expert               Shri Anil Kumar Gupta on record. It is a detailed report containing various points. It has been opined that the writing of the letter tallied with the specimen writings of the deceased. It is obvious, there are two opposite opinions on record; one favouring the accused and the other against him.      As the report of Anil Kumar Gupta contains reasonings and there are no reasons given in the report of F.S.L., at this stage, the report of Anil Kumar Gupta has to be preferred. Mahendra Singh also says that the letter dt. 12-8-1993 was written by his daughter. That being so, on the basis of the report of the F.S.L. at this stage, it cannot be said that the letter dt. 12-8-1993 was not written by the deceased. Consequently, there is no merit in the Revision Petition No. 126/98 and Misc. Petition No. 51 /98 filed by Atma Ram and they are hereby dismissed. The Revision Petition No. 281/98 preferred by Mahendra Singh is also dismissed.

JUDGEMENT (Punjab-Haryana High Court Karamjit Singh vs Raman Kumar & Ors on 19 October, 2011 )

Punjab-Haryana High Court Karamjit Singh vs Raman Kumar & Ors on 19 October, 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.4038 of 2011 (O&M)          Date of Decision: 19 .10.2011 KaramjitSingh                                       …Appellant                               Vs. Raman Kumar & Ors.                                   Respondents BEFORE: HON’BLE MR.JUSTICE A.N.JINDAL The defendant appears to have examined , DW 2 Handwriting and Finger Prints Expert, in order to counter the earlier report of PW 6 Anil Kumar Gupta, Handwriting & Finger Prints Expert, who is an expert of repute suggesting no allegations against him. Even otherwise, the defendant has failed to rebut the oral evidence of the plaintiffs, scribe and the witnesses, in whose presence the document was scribed and he had signed the same. Writing Ex.P2 and P.3 dated 2.4.1998 and 2.4.1999 cannot be false and fabricated one because as per record suit was filed on 8.11.2000 on the basis of the agreement dated 5.4.1997. Stipulated date for execution of the sale deed was 3.4.1998. Suit having been filed within three years from the stipulated date was within limitation and there was no need to make a repeated writing for extension of time. As such the plaintiffs cannot be said to have any intention to forge the entries to bring the suit within limitation. Consequently, the plea, that the entries were forged on the document, is proved to be incorrect. Since both the courts below have already given relief with regard to alternative relief for recovery of the amount, therefore, it would not be proper to further lessen the same. No substantial question of law arises in this appeal for determination of this court. Dismissed.

JUDGEMENT (Punjab-Haryana High Court Harbhajan Singh vs Joginder Singh And Ors on 14 May, 2019 )

Punjab-Haryana High Court Harbhajan Singh vs Joginder Singh And Ors on 14 May, 2019 RSA No. 5197 of 2012                                 In the High Court of Punjab and Haryana at Chandigarh.                             Date of Decision: May 14th , 2019  Harbhajan Singh                                 —Appellant                                  vs. Joginder Singh and others                       —Respondents RSA No. 2477 of 2013(O&M) Harbhajan Singh                                   —Appellant                                  vs. Dial Singh and others                            —Respondents Coram:   Hon’ble Mrs. Justice Rekha Mittal The appellate court, in para 11 of the judgment, has referred to testimony of Anil Kumar Gupta, Handwriting and Finger Prints Expert PW3 and noticed the opinion/observations made by him to conclude that on detailed examination and comparison, he is of the opinion that thumb impressions Mark Q1 to Q3 on the sale deed Ex. D3 do not tally with specimen thumb impressions Mark L1 to L3 and mark R1 to R3. In the later part of the judgment, there is not even a whisper with regard to testimony of Anil Kumar Gupta or the reasons that weighed in the mind of Appellate Court to discard the report and testimony of Sh. Anil Kumar Gupta. There cannot be dispute about settled position in law that science of finger prints comparison is a perfect science and as such testimony of an expert witness can be relied upon unless there are valid and legal reasons to reject the comparison and opinion made by the expert. In the case at hand, the contesting defendants did not avail services of another expert to counter/rebut the report prepared by Sh. Anil Kumar Gupta meaning thereby that report prepared by Sh.Anil Kumar Gupta remains unrebutted and unchallenged.

JUDGEMENT (Punjab-Haryana High Court Nathu Ram vs Charano @ Charanjit Kaur And Ors on 10 August, 2017)

Punjab-Haryana High Court Nathu Ram vs Charano @ Charanjit Kaur And Ors on 10 August, 2017 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. SAO No.47 of 2014 (O&M)             Date of Decision: 10.08.2017 Nathu Ram                                     …..Appellant       Vs Charano @ Charanjit Kaur and ors                                               ….Respondents CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH The trial Court further held that the Handwriting Expert further gave the opinion that thumb impression at Mark Q1 on interim order dated 31.10.1992 differ from the thumb impression at Mark Q2 to Q6. Therefore, as per the opinion of the Handwriting Expert even in the case titled as Nathu Ram vs. Charno, two different person on two different occasion were impersonated as Charno in the Court. The trial Court on the aforesaid parameters, dismissed the suit vide the judgment and decree dated 01.10.2011. Feeling aggrieved against the same, an appeal was filed before the lower Appellate Court. [5]. The lower Appellate Court held that though the plaintiff had examined PW-2 Sh. Anil Kumar Gupta, Handwriting and Fingerprint Expert, who opined that the disputed signature on written statement does not tally with the admitted signatures/standard signatures of Charano. In such like circumstances, Sh. Amar Singh Bhullar, Advocate who is a material witness can identify the plaintiff in order to dispel any suspicion and can also prove the allegations of the plaintiff. Since Sh. Amar Singh Bhullar, Advocate has not been examined, therefore, the application under Order 41 Rule 27 read with Section 151 CPC for grant of permission to lead additional evidence was allowed in order to enable the Court to pronounce the judgment effectively. The application was allowed 4 of 7 for substantial cause. The satisfaction was recorded by the lower Appellate Court that the additional evidence so prayed by the appellant would enable the Court to pronounce the judgment and is necessary for advancing the substantial cause of justice. [6]. Learned counsel for the appellant vehemently contended that the plaintiff did not lead any evidence in affirmative so as to dispel the alleged cloud on the decree dated 12.03.1993. Issue No.7-A specifically was wide enough to cover the issue of alleged decree being fraudulent. Once the plaintiff did not lead any evidence in affirmative, she was not entitled to lead any additional evidence at appellate stage as she was not entitled to fill lacuna in the present case. Learned counsel relied upon Youdhister vs. Siri Ram and others, 1996(3) R.C.R. (Civil) 706. [7]. I have heard learned counsel for the parties. [8]. PW-2 Sh. Anil Kumar Gupta, Handwriting and Fingerprint Expert has given his opinion to the following effect:- “The disputed thumb impression Mark Q1 is different from the other disputed thumb impressions Mark-Q2 to Q6. The disputed thumb impressions Mark-Q1 to Q-6 are different from the standard/specimen thumb impressions of Charno Mark R1 to R5 (R.T.I.) & L1, L2 (L.T.I.) i.e. disputed thumb impressions Mark-Q1 to Q6 are not affixed by the ladies, who affixed specimen thumb impressions Mark R1 to R5 5 of 7 (R.T.I.) & L1, L2 (L.T.I.).”

THIS JUDGEMENT RELATES TO CASE OF FRAUDULENT ADDITION/ALTERATION (Punjab-Haryana High Court )

(THIS JUDGEMENT RELATES TO CASE OF FRAUDULENT ADDITION/ALTERATION) Punjab-Haryana High Court Saraj Singh @ Bittu Diary Wala vs Kewal Krishan on 28 September, 2017 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.              CRR 3906-2016 (O&M)                 Date of decision: 28.09.2017 Saraj Singh @ Bittu Diary Wala             …..Petitioner                                     versus Kewal Krishan                               ……Respondent CORAM: Hon’ble Mr.Justice Kuldip Singh In addition to the going through the report of the Handwriting and Finger Prints Expert, I have myself gone through the disputed cheque. A perusal of the cheque shows that the date on the cheque is with a different ink. The name of the drawee complainant and the amount mentioned in the words is with the same handwriting. The signatures of the accused are in the same ink which was used for filling the date on the cheque. It is clear to the naked eyes that before the digits 40,000/-, digit ‘1’ has been added with a slightly different ink. There was no reason for the lower Court to discard the opinion of the expert, particularly, when the said addition is visible to the naked eyes. In this case, there was no requirement to take the specimen handwriting of anybody, since the addition is of one stroke which is not comparable by taking specimen handwriting of anybody. The reasoning given by Shri Anil Kumar Gupta, Handwriting and Finger Prints Expert is quite convincing. Therefore, it has to be held that before digits 40,000/-, in the amount box of the cheque, digit ‘1’ was added later on.

JUDGEMENT (Punjab-Haryana High Court Raghu Nath Bansal vs State Of Punjab on 9 December, 2009)

Criminal Appeal No.1731-SB of 2003                           IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. Criminal Appeal No.1731-SB of 2003        Decided on 9 .12.2009. Raghu Nath Bansal                          …… Appellant. Versus State of Punjab                             …. Respondent. CORAM:- HON’BLE MR. JUSTICE K.C. PURI Present :-   Mr. J.S.Brar, Advocate for the appellant.              Mr. Sudhir Nehra, Addl.A.G, Punjab. When asked to enter upon his defence, he produced Anil Kumar Gupta Handwriting and Finger Prints Expert, Fazilka (DW-1), Sadhu Ram (DW-2), Harpal Singh, Revenue Accountant (DW-3) and Balraj (DW-4), Krishan Lal Narang (DW-5), Constable Joginder Singh (DW-6), Jag Singh LDC, PSEB, Sub Division, Doda (DW-7). In the present case, the charge framed against the appellant is that he demanded and accepted illegal gratification for changing and releasing electricity connection in the name of Malkiat Singh from the name of his father Joginder Singh. However, the evidence led by the prosecution does not support the said fact but was in respect of change of the dead meter only. Ex.PA is the basis of the prosecution in which Joginder Singh through Malkiat Singh had made a request that meter at their premises to be changed as it was lying dead. No request has been made in this application that meter be changed in the name of Malkiat Singh from the original consumer Joginder Singh, his father. No doubt, the charge can be amended at any stage but in view of the above circumstances discussed above, it would not be inconsonance of justice to amend the charge after period of fifteen years and in view of the evidence produced by the prosecution. In view of the above discussion the appeal stands allowed and the impugned judgment of the learned trial Court stands set aside and the accused stands acquitted by giving him benefit of doubt. A copy of this judgment be sent to the trial Court for strict compliance.

JUDGEMENT (Punjab-Haryana High Court Kailash Chand vs M/S Mangaliawala Traders on 3 January, 2012)

Punjab-Haryana High Court Kailash Chand vs M/S Mangaliawala Traders on 3 January, 2012 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No.: R.S.A.No.3 of 2012  Date of Decision : 03.01.2012             Kailash Chand                  ….   Appellant                                 Vs.             M/s Mangaliawala Traders       ….   Respondent * * * L. N. MITTAL, J. (Oral) : I have heard learned counsel for the appellant and perused the case file. Plaintiff’s Proprietor Subhash Chand himself appeared in the witness-box as PW-1 and examined Handwriting Expert Anil Kumar Gupta as PW-2 and also examined plaintiff’s Accountant Ram Niwas as PW-4. Plaintiff and Ram Niwas broadly stated according to the plaint allegations. Anil Kumar Gupta – handwriting expert reported that the disputed bahi entries bear signatures of the defendant. I have carefully considered the aforesaid contentions, but find myself unable to accept the same. Plaintiff has led cogent and sufficient evidence to prove its case. The plaintiff’s Proprietor himself appeared in the witness-box and examined his Accountant, who had authored the disputed bahi entries. Both of them have proved the said bahi entries bearing signatures of the defendant and also proved advancement of different amounts, as pleaded in the plaint. Their statements are also corroborated by handwriting expert Anil Kumar Gupta (PW-2). On the other hand, there is self serving oral statement of the defendant, which is not sufficient to rebut the plaintiff’s cogent evidence.

JUDGEMENT (Punjab-Haryana High Court M/S Ramji Dass Kishore Chand vs Kamardeep on 3 November, 2008)

Punjab-Haryana High Court M/S Ramji Dass Kishore Chand vs Kamardeep on 3 November, 2008       IN THE HIGH COURT OF PUNJAB AND HARYANA                    AT CHANDIGARH R.S.A. No.3286 of 2006               Date of Decision:03.11.2008 M/s Ramji Dass Kishore Chand, Commission Agents, Malout                                                   …..Appellant              Vs. Kamardeep                                        …..Respondent CORAM:- HON’BLE MR. JUSTICE HARBANS LAL Present:-    Mr. Ashok Singla, Advocate for the appellant.  On the other hand, the plaintiff- firm has examined the document expert Mr. Anil Kumar Gupta, PW1 who has opined that the disputed writing and signatures at Mark Q.1, Q.2 and standard signatures Mark S.1 to S.3, specimen writings Mark A.1 to A.10 of Kamardeep are similar in their writing characteristics and have been written by one and the same person. A careful delving into Ex.P.1 would reveal that in this entry, the amount has not been mentioned only at one place rather at two places. The amount mentioned in landa script in the beginning of this entry is also Rs.1,57,000/-. There is no overwriting or cutting worth the name in this amount. There is an interesting feature in this case. The case of the plaintiff- firm is that a sum of Rs.1,57,000/- was advanced by it to the defendant, whereas the defendant admitted that he had raised a loan of Rs.10,700/-. On counting the digits of the figure Rs.1,57,000/-, these work out to 6 whereas that of Rs.10,700/- comes to 5. To add further to it, in Ex.P.2 the relevant entry in Pakka Rokar, Ex.P.3 the attested copy of Khata (ledger) for the year 2000-01, Ex.P.4 attested copy of relevant entry in the Khata for the year 2001-2002, the notice Ex.P.5 served upon the defendant, the amount has been mentioned as Rs.1,57,000/-. One more zero was also required to be added to convert 10,700 into 1,57,000. There are no allegations that zero has been added later on. In the ultimate analysis, it boils down that the defendant’s plea that he had taken a loan of Rs.10,700/- only is unacceptable. The entries in Ex.P.1 cannot be read or assessed in isolation of entries in Ex.P.3 to Ex.P.5, Ex.P.X and the expert’s report Ex.PW2/1. The learned Appellate Court has erred in not taking into account this documentary evidence. Consequently, this appeal succeeds and is accepted modifying the impugned judgment decree dated 24.5.2006 and restore the judgment/ decree dated 11.8.2005 passed by the learned trial Court in its entirety.

JUDGEMENT (Punjab-Haryana High Court Pritam Singh And Another vs Lakhvir Singh And Another on 17 January, 2014 Saluja Mukesh Kumar )

Punjab-Haryana High Court Pritam Singh And Another vs Lakhvir Singh And Another on 17 January, 2014                                                               Saluja Mukesh Kumar   HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH RSA NO.231 of 2014 (O&M)              Date of decision:17.1.2014 Pritam Singh and another                          …Appellants    Versus Lakhvir Singh and another                         …Respondents CORAM:       HON’BLE MR. JUSTICE RAMESHWAR SINGH MALIK However, defendants have examined Anil Kumar Gupta (DW-5) as Handwriting and Fingerprint Expert, who compared and examined the disputed signatures of Gurmit Singh, Naib Tehsildar appearing on affidavit Ex.P2, with his standard admitted signatures. This expert witness submitted his report and stated that the disputed signatures were not similar in writing characteristic with the standard signatures. He further opined that the disputed signatures were not by the same person who has put the standard admitted signatures. It has been amply proved on record by way of overwhelming and well convincing evidence produced by the defendants-respondents, that it was only the defendants who were always ready and willing to perform their part of contract. The plaintiff was never ready and willing to perform his part of contract, while trying to over reach the court and withheld the best evidence available to him. Further, there was expert opinion against him. Although, expert report proved by DW5 as Handwriting and Fingerprint Expert would not be a conclusive proof in itself, yet when it is examined and appreciated in the context of attending circumstances of the case, it becomes clear that the plaintiff has unsuccessfully tried to play smart, to show that he was ready and willing to perform his part of contract. However, the plaintiff failed to prove his case in this regard.

JUDGEMENT (Punjab-Haryana High Court Bakkar Singh And Ors vs State Of Punjab on 4 September, 2015 )

Punjab-Haryana High Court Bakkar Singh And Ors vs State Of Punjab on 4 September, 2015 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. CRR 1957/2015(O&M)                   Date of decision:04.09.2015 Bakar Singh and others         ………………….Petitioners                                    vs State of Punjab               ……………………Respondent CORAM: HON’BLE MR.JUSTICE JASWANT SINGH As regards comparison of disputed signatures with the standard specimen signatures, Anil Kumar Gupta, Handwriting and Finger Print Expert while appearing as PW4 proved the fact of comparing the same and submission of his detailed report as Ex.PW4/2. He also proved photocopy of agreement, questioned signatures and thumb impressions as well as standard/specimen signatures and thumb impressions, as detailed in his reports. This witness,too was cross examined but nothing could be extracted either to shatter his evidence or his reports to prove that he had given a wrong report causing prejudice to the rights of the petitioners.

JUDGEMENT (Punjab-Haryana High Court Gurmeet Singh vs Satgur Singh And Others on 17 September, 2013 )

Punjab-Haryana High Court Gurmeet Singh vs Satgur Singh And Others on 17 September, 2013 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH                                                                             C.R.No.5628 of 2013         Date of Decision: September 17, 2013 GurmeetSingh                                … Petitioner                                                              Versus Satguru Singh and Others                   … Respondents CORAM: HON’BLE MR. JUSTICE PARAMJEET SINGH I have considered the contention raised by the learned counsel for the petitioner and perused the record. Admittedly, the petitioner – defendants have closed their evidence and have also examined Anil Kumar Gupta, Handwriting and Finger Print Expert as DW1. Respondent No.1-plaintiff want to examine Kumar Virender 2013.09.20 17:55 I attest to the accuracy and integrity of this document High Court, Chandigarh Sh. Navdeep Gupta, Finger Print and Handwriting Expert in rebuttal evidence. The trial Court has observed that plaintiff has every right to rebut the defendants’ evidence on the issue onus of proof of which is on the defendant. Therefore, objections to the examination of expert witness are misconceived.

JUDGEMENT (Vira Rani v. State of Rajasthan (Rajasthan) : Law Finder Doc Id # 644368 )

Vira Rani v. State of Rajasthan (Rajasthan) : Law Finder Doc Id # 644368RAJASTHAN HIGH COURTBefore:- Sandeep Mehta, J.S.B. Criminal Misc. Petition No. 2343 of 2014. D/d. 01.10.2014.Smt. Vira Rani – PetitionerVersusState of Rajasthan – RespondentFor the Petitioner :- Mr. KartikLodha, Advocate.For the State :- Mr. O.P. Rathi, Public Prosecutor.Criminal Procedure Code, 1973 Section 482 General Rules (Civil), Rule 181 – Petitioner aggrieved of order of rejection of application of handing for original agreement to sale for purpose of examination by forensic science laboratory – In criminal case, there is a specific allegation that the accused forged the document and then filed the same in the Civil Court, the original document has to be analyzed by the Hand writing Expert and the comparison of the signature/ thumb impression etc. has to be done by the expert for purpose of the ends of justice – Direction issued to civil court to hand over the original document to the police for investigation – Petition allowed.

JUDGEMENT (Punjab-Haryana High Court Rsa No.3821 Of 2012 (O&M) vs Leela Ram on 17 February, 2014 )

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.                                                                 CM No.2006-C of 2014 in/and                                                                  RSA No.3821 of 2012 (O&M)                                                                   Date of decision: 17.02.2014 Bhola Singh                               —–Appellant(s)                              Vs. Leela Ram                                 —–Respondent(s) CORAM:- HON’BLE MR. JUSTICE RAKESH KUMAR GARG The testimony of DW-1 could inspire confidence, if the same would have been corroborated by other evidence. At least, he should have examined some finger print expert to rebut the testimony of PW-4 Anil Kumar Gupta, handwriting and Finger Print Expert. If the plaintiff had obtained his signatures fraudulently on the agreement Ex.P1, in that event, it was required for the defendant to report the matter to the police, but he had not done so. His complacence and tacitness in this regard would candidly prove the execution of agreement Ex.P1 and receipt of imprest of Rs.1,25,000/- by the appellant from the respondent. So, the learned trial Court has rightly held that agreement to sell dated 4.1.2008 has been proved on record. Even otherwise, the stand taken by the appellant is not proved, as the agreement dated 4.1.2008 bears his signatures, whereas his own case is that the plaintiff had taken his thumb impression. Even PW-4 Anil Kumar Gupta, Handwriting and Finger Print Expert has proved his report, according to which, the disputed signatures of the appellant on the agreement in question tally with his standard signatures. Not only this, the appellant has even denied his signatures on the vakalatnama and the written statement. Thus, the conduct of the appellant itself shows his intentions. The findings have been recorded by the Courts below on appreciation of evidence and are duly supported from the evidence on record.

JUDGEMENT (ANDHRA PRADESH HIGH COURT Before :- G. Bhavani Prasad, J. )

ANDHRA PRADESH HIGH COURTBefore :- G. Bhavani Prasad, J.Civil Revision Petition No. 1832 of 2010. D/d. 2.8.2010.Thumu Srikanth – PetitionerVersusAkula Babu – RespondentFor the Petitioner :-Ms.Lalitha Chouhan representing and Ms. G. Dhanajai, Counsel.For the Respondent :- None appeared.Evidence Act, 1872, Sections 45 and 73 – Opinion of Expert – Obtaining of, under Section 45 of the Act, to come to a just conclusion in spite of power of Court under Section 73 of the Act to undertake comparison – Defendant denied execution of registered Sale Deed – Petitioner-plaintiff made an application to obtain his signatures and thumb impressions and those of defendant in open court and get them examined and compared by Regional Forensic Science Laboratory along with disputed signatures and thumb impression in the sale deed – Application dismissed by lower Court holding that the Court itself can make such comparison under Section 73 of the Act – Challenged – Held, Court is not technically trained or qualified to indulge in such comparison – Though the opinion of Expert is mere opinion evidence, in a case like the present one, Court cannot, by itself, come to a just conclusion by making the required comparison – Petition premature – Expert opinion would be more helpful to both parties to lead appropriate evidence and to the Court to come to appropriate conclusion – Impugned order set aside – Application allowed – Direction given to obtain expert opinion as sought.

JUDGEMENT (Punjab-Haryana High Court Ranjeet Kumar Alias Ranjeet Singh vs Arya Samaj on 7 September, 2011 )

Punjab-Haryana High Court Ranjeet Kumar Alias Ranjeet Singh vs Arya Samaj on 7 September, 2011 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6773 of 2009 (O&M)              Date of decision: 7.9.2011 Ranjeet Kumar alias Ranjeet Singh   …..Petitioner(s) Versus AryaSamaj,Jaitu                      ……Respondent(s) CR No.7831 of 2009 (O&M) CORAM:- HON’BLE MR.JUSTICE RAKESH KUMAR GARG He also deposed regarding the same documents Ex.A1 to Ex.A17, as proved by AW(1) Raj Paul Dod. Anil Kumar Gupta, Handwriting and Finger Prints Expert was examined as AW(3), who tendered into evidence his affidavit Ex.AW(3)/A. He also proved his report Ex.AW (3)/1 and negatives Ex.AW(3)/2 to Ex.AW(3)/11. He deposed that he examined and compared the disputed signatures alleged to be of Ranjeet Kumar appearing at mark Q1 on the writing dated 14.06.1995 and at mark Q2 on the rent receipt dated 17.01.1998, at mark Q3 on the rent receipt dated 24.4.1998, at mark Q4 on the rent receipt dated 15.6.1998, at mark Q5 on the rent receipt dated 21.7.1998 at mark Q6 on the rent receipt dated 15.9.1998, at mark Q7 on the rent receipt dated 12.1.1999 and at mark Q8 on the rent receipt dated 7.5.1999 with the standard signatures of Ranjeet Kumar appearing at mark R1 on the Vakalatnama and mark R2 on the service of the summons. In his opinion, the disputed signatures marks Q1 to Q8 and standard signatures of Ranjeet Kumar mark R1 and R2 are similar in their writing characteristics and have been written by one and the same person. Even before this Court, the respondent has produced the original carbon copies/counter foils of the said receipts. Therefore, no exception can be taken regarding the admissibility of these receipts before this Court. In view of the said findings, judgments in Charan Singh’s case (supra) and Karnail Singh’ case (supra) relied upon by the learned counsel for the petitioner are of no help to him. No other point is urged. No merits. Both the revision petitions are dismissed

JUDGEMENT (PUNJAB AND HARYANA HIGH COURT Before :- H.R. Sodhi, J.)

PUNJAB AND HARYANA HIGH COURT Before :- H.R. Sodhi, J. R.S.A. No. 1358 of 1962. D/d. 14.02.1969 Hukam Singh and others – Appellants Versus Smt. Udham Kaur – Respondent For the Appellants :- Mr. C.D. Dewan and N.S. Bhatia, Advocates. For the Respondent :- Mr. Parkash Chand Jain and G.C. Mittal, Advocates. A. Finger-print expert – Evidence of – Evidentiary value – Issue regarding the validity of a document which purports to bear thumb impressions of an executant when those thumb impressions are denied – Evidence of thumb impression expert bound to be of great value – Science of finger-print more exact than that relating to hand-writing – Cases of comparison of finger-prints – Points of similarity and difference easily discernible – Courts must apply their mind properly to the evidence of experts in such cases. B. Evidence – Approbation and reprobation – Trial Court letting in a certified copy of the previous deposition of a witness made in the criminal proceedings – Allowing the same to be proved by himself – Procedure not correct – He should have been examined again in regard to all that he had stated earlier in the statement made by him in the committing Court – Parties themselves allowing certain statements to be placed on the record as a part of their evidence – Cannot urge later either in the same Court or in a Court of appeal that the evidence produced was inadmissible – To allow them to do so would indeed be permitting them both to approbate and reprobate.

JUDGEMENT (Punjab-Haryana High Court Amrik Singh vs M/S Hind Iron Store on 20 September, 2011)

Punjab-Haryana High Court Amrik Singh vs M/S Hind Iron Store on 20 September, 2011 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH RSA No.2592 of 2010 (O&M)           Date of decision : 20.9.2011                              … Amrik Singh                            …………….Appellant                               vs. M/s Hind Iron Store                  ……………..Respondent Coram: Hon’ble Mr. Justice K.C. Puri The plaintiff in order to prove his case, appeared as PW-1 and also examined PW-2 Anil Kumar Gupta, Finger Print and Handwriting Expert. I have given my thoughtful consideration to the submissions made by counsel for the appellant and have also gone through the case file. The sole controversy in the present lis revolves around the receipt of 250 bags of cement by defendant-appellant and issuance of receipt by the defendant. To prove the said fact, plaintiff has appeared as his own witness and he also examined hand writing expert. The bill Exhibit P-1 alongwith entries in the accounts book Exhibits P-3 and P-4 have been placed on the file. Besides this, notice Exhibit P-5, postal receipt Exhibit P-6 and acknowledgment Exhibit P-7 have been placed on the file. In rebuttal, the defendant-appellant has suffered a self serving statement and has not led any evidence. Both the Courts below gave a concurrent finding of fact that the plaintiff has been able to prove that 250 bags of cement were supplied to the defendant under the bill Exhibit P-1, which was acknowledged vide receipt Exhibit P-2. The plaintiff has also proved the said fact by proving the account books. The legal notice was served upon the defendant, which was duly received as per acknowledgment Exhibit P-7. No reply has been sent. So, in these circumstances, the concurrent finding of fact recorded by both the Courts below regarding the execution of the receipt Exhibit P-2 and supplying the bags of cement does not call for any interference. The appellant has simply challenged the factual aspect in the regular second appeal and that cannot be allowed in view of Section 100 CPC. Both the Courts below have discussed each and every aspect of the case argued before them. There is nothing on the file that judgments of both the Courts below is a result of mis- reading and mis-interpreting of evidence on the file. In view of the above discussion, the substantial questions of law raised by the appellant stands determined against him. Consequently, the appeal is without any merit and the same stands dismissed.

JUDGEMENT (Punjab-Haryana High Court Sona Singh Etc vs Kakka Singh Etc on 25 March, 2019)

(Very important being related to forgery over already exiting thumb impression/signature as sometime documents are prepared by writing body writings lateron above the already existing thumb impressions/signatures obtained on a blank paper and the body writing show material inconsistency and in the said case report was given by Anil Kumar Gupta by giving observations that the bodywritings are showing material inconsistency showing that body writing is written lateron above the already existing thumb impression/signatures) Punjab-Haryana High Court Sona Singh Etc vs Kakka Singh Etc on 25 March, 2019 In the High Court of Punjab and Haryana at Chandigarh RSA No. 1344 of 2002(O&M)             Date of Decision:25.3.2019 Sona Singh @ Santa Singh and others              —Appellants                                  vs. Kakka Singh and others                            —Respondents RSA No. 2056 of 2002(O&M) Kakka Singh and others                             —Appellants                                  vs. Sona Singh @ Santa Singh and others               —Respondents RSA No. 1422 of 2011(O&M) Santa Singh @ Sona and others                      —Appellants                                  vs. Kakka Singh                                        —Respondent Coram:     Hon’ble Mrs. Justice Rekha Mittal                     To rebut evidence of the plaintiffs, one of the legal 4 of 20 representatives of defendant No. 5 appeared in the witness box and they examined Gurukaran Sher Singh Sodhi DW2, Joginder Singh DW3, Narinder Kumar Deed Writer DW4, scribe of Will dated 25.1.1990 Balbir Chand DW5 Senior Clerk from office of Financial Commissioner, Punjab S.P.Kamboj DW6 and Anil Kumar Gupta, Forensic Expert DW7.                     Perusal of recitals in the Will would reveal that the Will was executed on account of the testator being satisfied with the services of his wife and to compensate her for the same. This recital in the Will gets falsified and belied in view of statement of Sona Singh @ Santa Singh plaintiff No. 1 as he stated in his cross examination that Labh Singh and Matto Bai had been maintaining separate residence. The appellate Court, on a detailed consideration of various circumstances highlighted by counsel 11 of 20 for the respondents therein, has rightly reversed findings of the trial court in respect of Will dated 14.10.1978. Counsel for the appellants has failed to advance any argument much less meaningful to convince this Court that circumstances noticed by the Appellate court are either not material and relevant or have not been rightly appreciated in the light of materials on record. In this view of the matter, findings of the Appellate Court in respect of Will dated 14.10.1978 need affirmation and ordered accordingly.                     On examination of the Will with naked eye, it is sufficiently clear that space in the upper 8 or 9 lines is more as compared to the next 14 of 20 lower 8 or 9 lines. The space in the last four lines is too less as compared to the upper portion. Had this document been typed in a normal and natural course, spacing between the lines would have been uniform and not inconsistent as is visible in the disputed Will. There was no need for the typist to decrease or change spacing between the lines had the thumb impression been not present prior to body writing. The Will has been typed in an abnormal and unnatural course. Not only this, the position of thumb impression on the first page of the Will is not below name of the executant whereas the thumb impressions of the alleged attesting witness are below their names and particulars. Above all, it has been mentioned in the last line that in the presence of witnesses and after hearing and understanding, left thumb impression has been affixed. If the executant had affixed the thumb impression after completion of body writing of the Will and the same was read over and understood by the testator, there was no occasion for the scribe/typist to mention that left thumb impression has been affixed after hearing and understanding the contents in the presence of attesting witnesses. Irregular spacing between the lines, the position of thumb impression of the alleged testator when examined in the light of there being no explanation as to why the Will not got registered on 25.1.1990 if testator alongwith attesting witnesses was present in Tehsil Office on that date, goes a long way to conclude that the testator was not present on 25.1.1990 and this Will has been prepared on blank thumb impressions already existing on the paper used for preparing the Will. Neither the Appellate Court nor the trial court has examined the aspect of difference of dates of execution and registration from the aforesaid point of view.                     In view of what has been discussed hereinbefore, RSA Nos. 1344 of 2002 and 1422 of 2011 are dismissed. On the other hand, RSA No. 2056 of 2002 is allowed in the aforesaid terms, leaving the parties to bear their own costs.

Voice Identification Expert – Anil Gupta Forensic Services

Voice identification expert – Voice identification service could play great importance in one’s life as It has a big contribution towards eliminating the suspects over many digital devices. And so Demand of an Expert opinion has risen in recent years due to its excellence in the legal field. Voice identification is the process to identify whether recording of the speech is from the speaker or not. It is important for you to choose the voice identification expert wisely. When it comes to select amongst all, Anil Gupta Forensic Services has the best voice identification experts in India. We built a special customer relationship and works to provide them with assured satisfaction. Our accuracy and reliability has never been in question in any of the courts or never considered an issue in the admissibility of voice identification evidence. We ensure high-quality standards results with in-depth procedures ensured by our team because a single mistake can change the whole evidence. Our team do consistent efforts through standardization and uniformity. We place a high value of faith in our clients due to which all our test are performed in a secure environment and kept confidentially. We believe in dealing with our clients with utmost honesty, diversity and teamwork. We understand the value of your precious time and doesn’t make your waiting hours long. Our experts’ experience and examination of thousands of cases reflect in our work quality and results. Voice identification expert can help in the investigation process to identify the speaker through various methods using modern technologies and science i.e.  Voice Identification Spectrograph  Audio  Verification Script of audio MMS & Video Clip Examination  Verification Video Tempering Analysis Audio Tempering Examination Voice Alteration Verification Hard Disk Imaging Internet Crimes Software  Piracy Pirated CDs/DVDs Expert witness and testimony User   History and other related this field Target (Child, Spouse, Vehicle) Tracking Webcam scams Identifying whether a recording has been tampered with  Deciphering unclear speech,  Our experts use the most reliable method used to perform such analysis using a phonetic-acoustic approach. We have the latest – sound spectrograph An automatic sound wave analyzer PC  based systems widely used for the analysis and classification of human speech sounds.  This instrument produces a visual representation of a given set of sounds in the Parameters of time Frequency & amplitude   Analysis editing   Playback  High fidelity signal acquisition  High-speed digital processing circuitry for quick & flexible analysis   CD-quality playback  Displaying multiple sound spectrogram Adjusting the time alignment and frequency ranges  Taking detailed numeric measurements of the displayed sounds With the help of these technologies, the examiner gets a more clear and detailed picture of the voice which is being analyzed  Anil Gupta forensic services also provide facilities like examination, comparison and forgery of signatures, thumb impression, detection of fabricated documents, transplanted thumb impressions, photocopy documents from the result of the computer, chemical erasing and nature of a person to find out their genuineness by the help of a stereomicroscope and U.V rays.

Handwriting Expert in Delhi – Anil Gupta Forensic Services

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If you are looking for Handwriting Expert in Jaipur then your search is ends here. Forensic Science is rendering great help in solving many doubts and questions related to criminals, documents and about originality of one’s signature. Normally the Forensic Science Labs are attached to the Government to help crime investigation by the Police force. When anyone requires the assistance of these Forensic Labs for private matters, they need to search only those Private Agencies available. In order to make things easier for such people, here is Anil Gupta Forensic Services, a Private Agency helping the public at large. Mr. Anil Gupta has amassed the Goodwill from the erstwhile users, as the Handwriting Expert in Jaipur. For those who do not know when the necessity arises for the Services of a Handwriting Expert, here are some instances.  A wealthy landlord dies without executing a will. Some vested interests forge a Will, purportedly written by the deceased gentleman, and want to swindle the property. The dismayed original heirs do know that there was no Will. But if they file a Civil Suit, how to prove that the other party’s “Will” is bogus? In such circumstances, they can readily contact Anil Gupta Forensic Services. Mr. Gupta will examine the said “Will” with latest technology as the Handwriting Expert, compare the previous signatures made by the deceased landlord, and establish beyond reasonable doubt that the “Will” is bogus and prepared with a fraudulent intention. The original heirs can produce his certificate in the Civil Court, and get a decree in their favor. This is just one instance. Like this there are many events where you may need a Handwriting Expert like checking the bonafide of love letters, maliciously alleged as that of an innocent woman; fraudulent documents in commercial business with a nefarious intention; or any other written documents, where you have doubt about the genuineness of the handwriting or signature found in them etc. You can avail other Services from a Forensic Lab like Forensic Psychologist, such as psychoanalysis, Divorce Therapy, Spiritual Psychology including Meditation etc. in this Lab. They have contacts with foreign Forensic Labs to render various Services in the capacity of Forensic Consultant. They conduct Symposium of different experts from different fields, to get together and share their work experiences mutually. These activities enhance their expertise in the field of Forensic Science-related matters. So next time you need the help of a Handwriting Expert in Jaipur, go to Anil Gupta Forensic Services.

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JUDGMENT (Bench: T.S. Thakur, Kurian Joseph )

Supreme Court of India Prem Sagar Manocha vs State (Nct Of Delhi) on 6 January, 2016 Bench: T.S. Thakur, Kurian Joseph                                    IN THE SUPREME COURT OF INDIA.                 CRIMINAL  APPELLATE  JURISDICTION                 CRIMINAL APPEAL NOS. 9-10  OF 2016             (Arising from S.L.P. (Criminal) Nos. 7153-7154/2013) PREM SAGAR MANOCHA                           … APPELLANT (S)                                    VERSUS STATE (NCT OF DELHI)                         … RESPONDENT (S)                                J U D G M E N T KURIAN, J.: Hence, merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody. And, mere rejection of the expert evidence by itself may not also warrant initiation of proceedings under Section 340 of CrPC. It is significant to note that the appellant’s opinion that the cartridges appeared to have been fired from different firearms was based on the court’s insistence to give the opinion without examining the firearm. In other words, it was not even his voluntary, let alone deliberate deposition, before the court. Therefore, it is unjust, if not unfair, to attribute any motive to the appellant that there was a somersault from his original stand in the written opinion. As a matter of fact, even in the written opinion, appellant has clearly stated that a definite opinion in such a situation could be formed only with the examination of the suspected firearm, which we have already extracted in the beginning. Thus and therefore, there is no somersault or shift in the stand taken by the appellant in the oral examination before court. The impugned proceedings initiated against the appellant under Section 340 of CrPC are hence quashed. The appeals are allowed. .…….…..…………CJI.                                                (T. S. THAKUR) ….……………………J.     (KURIAN JOSEPH) New Delhi; January 6, 2016. Hon’ble Supreme Court in the case titled as Ramesh Chandra Agarwal v/s Regency Hospital Ltd. has broadly dealt and interpreted the scenario and held that, an expert is a person who devotes his time and study to a special branch of learning. However, he might have acquired such knowledge by practice, observation or careful study. The expert is not acting as a judge or jury. It was further held that in order to bring the evidence of a witness, as that of an expert, it has to be shown that he has made a special study of the subject or acquired a special experience therein or in other words that he is skilled and has adequate knowledge of the subject. The real function of the expert is to put before the Court all the materials, together with reasons which induce him to come to the conclusion, so that the Court, although not an expert, may form its own judgment by its own observation of those materials. An expert is not a witness of fact (like other witnesses) and his evidence is really of an advisory character. The duty of the expert witness is to furnish the Judge with the necessary scientific criteria for testing the accuracy of the conclusions so as to enable the Judge to form his independent judgment by the application of these criteria. No expert can claim that he could be absolutely sure that his opinion was correct

JUDGMENT (By the Hon’ble Mr. Justice Hemant Gupta)

REPORTS UP HELD BY HON’BLE COURTS IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA NO.4320 OF 2005 Date of Decision 11-09-2007 Bholi Vs Krishna & others By the Hon’ble Mr. Justice Hemant Gupta The Plaintiffs have examined PW3 Sh. Anil Kumar Gupta, Qualified Handwriting and Finger Print Expert, Fazilka . He has deposited that the thumb impressions on the written statement dt.19-07-1988, vakalatnama dt.19-07-1988 and statement dt.19-07-1988 in civil suit no.83 dt.17-02-1988 titled Smt. Bholi and Krishna etc. are not identical with the specimen, admitted and proved thumb impressions of the plaintiff. His report is Ex-P3 and enlarged photographs are Ex-P4 to Ex-P10. The Learned First Appellate Court has considered the report of DW-1 Finger Print Expert examined by the defendant who has reported that thumb impressions of the plaintiff on the written statement dt.19-07-1988, vakalatnama dt.19-07-1988 and statement before the court are half contoured, totally blurred and cannot be compared. The court has found that a perusal of the written statement and the statement dt.19-07-1988 reveals that thumb impressions are not blurred and the same are clear. The statements of the two of the defendants that the plaintiff was present in the court cannot rebut the report based on Scientific Study of Thumb impressions. Vakalatnama, written statement and the statement in the court are not comparable with the standard thumb impressions of the plaintiff. Both the courts below have appreciated the entire evidence to return a firm findings of the fact that the plaintiff have not appeared before the court on 19-07-1988 which lead to the passing degree in the favor of their mother. Therefore, the findings recorded that degree is result of fraud and misrepresentation cannot be said to the suffering from any illegality or irregularity.

JUDGMENT SUPREME COURT OF INDIA

1979 AIR (SC) 1708: 1979 CriLJ 1386 : 1980(1) SCC 487 : 1979 SCC(Cri) 920 : 1979 MLJ (Criminal) 222 : 1979 Cri. App. R (SC) 345 : 1979 UJ (SC) 718 : 1980(1) SCJ 126 : 1980 SCCriR 108 Jaspal Singh v. State of Punjab, (SC) : Law Finder Doc Id # 105024 SUPREME COURT OF INDIA Before :- S. MurtazaFazl Ali and A.D. Koshal, JJ. Criminal Appeals Nos. 275 of 1973 and 84 of 1975. D/d. 20.4.1979. Jaspal Singh – Appellant Versus    State of Punjab – Respondent   AND Jindra and another – Appellants            Versus State of Punjab – Respondent A. Evidence Act, 1872, Section 45 – Evidence – Expert evidence – Thumb impression on the statement – Science of identifying thumb impression is an exact scienceand does not admit of any mistake or doubt.

JUDGMENT (Punjab-Haryana High Court)

Punjab-Haryana High Court Surinder Singh vs Santokh Singh & Ors on 14 October, 2014 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND                                HARYANA AT CHANDIGARH.                                        RSA NO.5331 OF 2014 (O&M)                                    Date of decision : 14.10.2014 Surinder Singh                                  … Appellant                              Versus Santokh Singh and others                                                   …Respondents CORAM : HON’BLE MR.JUSTICE RAJ MOHAN SINGH As against this, learned counsel for the respondent has argued that the Will dated 23.11.1962 (Exhibit P-2) being a 30 years old when the certified copy of the same in the form of secondary evidence was tendered in evidence. The secondary evidence was allowed by the court. The attesting witnesses of the Will in question, need not to be examined as both the witnesses have since died, and accordingly, permission was taken to lead secondary evidence relating to Will from the Court and the learned counsel for the defendants did not raise any objection in respect thereof. Therefore, certified copy of the Will is fully permissible and lawful to draw presumption under Section 90 of the Indian Evidence Act and Will is per se admissible in law. Learned counsel cites 2011(1) CCC 497 titled as PD Navghare and another Vs. S.D.Chachad and others, to submits that Will is 30 years old, and is admissible under Section 90 of the Evidence Act because the same is being produced from the proper custody, and is free from suspicion. Central Government Act Section 90 in The Indian Evidence Act, 1872 90. Presumption as to documents thirty years old.—Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of a document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested. Explanation.—Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable. This Explanation applies also to section 81. Illustrations (a) A has been in possession of landed property for a long time. He produces from his custody deeds relating to the land showing his titles to it. The custody is proper. (b) A produces deeds relating to landed property of which he is the mortgagee. The mortgagor is in possession. The custody is proper. (c) A, a connection of B, produces deeds relating to lands in B’s possession, which were deposited with him by B for safe custody. The custody is proper. STATE AMENDMENTS Uttar Pradesh.—(a) Renumber section 90 as sub-section (1) thereof; (b) in sub-section (1) as so renumbered, for the words “thirty years”, substitute the words “twenty years”; (c) after sub-section (1) as so renumbered, insert the following sub-section, namely:— “(2) Where any such document as is referred to in sub-section (1) was registered in accordance with the law relating to registration of documents and a duly certified copy thereof is produced, the court may presume that the signature and every other part of such document which purports to be in the handwriting of any particular person, it is that person’s handwriting, and in the case of a document executed or attested, that it was duly executed and attested by the person by whom it purports to have been executed or attested”. (d) After section 90, insert the following section, namely:— “90A. (1) Where any registered document or a duly certified copy thereof or any certified copy of a document which is part of the record of a Court of Justice, is produced from any custody which the Court in the particular case considers proper, the Court may presume that the original was executed by the person by whom it purports to have been executed. (2) This presumption shall not be made in respect of any document which is the basis of a suit or of defence or is relied upon in the plaint or written statement.” The Explanation to sub-section (1) of section 90 will also apply to this section; [Vide Uttar Pradesh Act 24 of 1954, sec. 2 and Sch. (w.e.f. 30-11-1954).] COMMENTS Presumption Assuming that the document is more than thirty years old and comes from proper custody, there would be no presumption that contents of the same are true; Mohinuddin v. President, Municipal Committee, Khargone, AIR 1993 MP 5.

JUDGMENT (ANDHRA PRADESH HIGH COURT)

ANDHRA PRADESH HIGH COURT Before :- R. Subhash Reddy, J. Civil Revision Petition Nos. 314 and 317 of 2013. D/d. 14.06.2013. Rytu Depot, Draksharamam, East Godavari District and other – Petitioner Versus Sri Rajyalakshmi Agencies, Ramachandrapuram and others – Respondent For the Petitioner :-Mr.K.Chidambaram, Advocate. For the Respondent :- Mr.J.Sreenivasa Rao, Advocate. Civil Procedure Code, 1908, Section 15-Evidence Act, 872, Section 45- Expert opinion on signature – Validity of – Instant Case, Respondents filed the above suit for recovery of money based on certain transaction against the petitioners – One who is related to the petitioners has signed on several invoices and the same were filed into the court- Petitioners stating that the same are forged one – Respondents have filed the present applications seeking to send the disputed signature for expert opinion, for comparison of the same with his admitted signatures – Present revision against the same – Held, signature on a carbon copy of a document can be looked into for comparison as it is not a case of ascertaining the age of the document or ink – As the case of respondents is based on those invoices signed by a third party to suit who is admittedly related to petitioners, nothing wrong in the order passed to call him as a witness – It is for the court to decide to summon such third party as a witness or not. No merit in the contention raised by petitioners- Revision dismissed.

Handwriting Expert – Anil Gupta Forensic Services

HANDWRITING EXPERT We, in the field of handwriting examination through our website Anil Gupta Forensic Services, also give training to the new experts who want to join the field of Forensic Science and Handwriting throughout India and abroad. Our Handwriting Expert, in the field of handwriting examination had given so many reports in different course of Law in India and our reports have been upheld by the Hon’ble Punjab and Haryana High Court as well as Hon’ble High Court at Jodhpur in Rajasthan regarding examination of handwriting on various documents. We, in the field of handwriting examination with regard to document to determine its age and nearby period of its execution depending upon the changes in the signature/handwriting present in the document under examination. We, in the field of handwriting examination, detect the forgeries and genuineness of the signatures/handwriting with latest techniques based upon Scientific Examination as per handwriting. Photo state copies are commonly used in the court proceedings and some time fraudulent photo state copies are prepared by transplanting handwriting /signature /thumb impression from one document to another document and forensic as well as handwriting expert are very help full in such cases who assist the court. Handwriting expert of our company in the field of handwriting as well as finger print appears before the courts to give evidence regarding the reports submitted in the courts and also face cross examination from the competent lawyers and other experts. We also detect the fraudulent photocopies and documents with regard to other defects present in the field of forensic science and handwriting examination and submit detail reports before the courts. Our company regarding their reports in forensic science and handwriting always cooperate with the clients and our handwriting expert always appears in the courts for statement and never put any client in problem and never disclose the contents of the case to other person and our company keeps the record of the client in secret manner. Our handwriting expert and forensic experts in the field of forensic science and handwriting never gives any dishonest opinions and never suggest any clients for such wrong opinions and always suggest the client to go before the court with clean hand as dishonest opinion will waste the money and time of the client as well as precious time of the court. Our handwriting expert in the field of handwriting examination also gives opinion regarding typewriting identification and identification of computer prints used in the court of law. Our handwriting expert in the field of forensic science and handwriting examination deals with the identification of the pen and ink which are sometime important to determine the genuine ore fraudulent nature of the document. Our company is registered wide enrolment no AOFE-001 and hopes to give best service in the field of forensic science and handwriting examination to the public and to assistthe court. Related Articles : Forensic Expert

JUDGMENT (PUNJAB AND HARYANA HIGH COURT)

2005(4) R.C.R.(Civil) 296: 2006(1) PLR 146 : 2006 AIR (Punjab) 39 : 2005(3) LJR 372 : 2006(1) CivCC 368 : 2005(2) HLR 736 : 2006(39) AIC 235 : 2006(1) HRR 220 Daljit Singh v. Sukhwinder Singh, (P&H) : Law Finder Doc Id # 85267 PUNJAB AND HARYANA HIGH COURTBefore :- M.M. Kumar, J.Regular Second Appeal No. 1955 of 2005. D/d. 28.7.2005 Daljit Singh and others – AppellantsVersusSukhwinder Singh and others – Respondents “Furthermore, the defendant No. 1 has also examined DW-8 Shri Anil Kumar Gupta , Document Expert, who after comparing the thumb impressions of Harnam Kaur appearing on the above said sale deeds with her thumb impressions on the Will D-1 opined that the disputed thumb impressions on the Will Ex. D-1 and the standard thumb impressions appearing on the sale-deeds Ex. D-3 and Ex. DW-4/A are identical with each other and have been affixed by one and the same person. Having examined the report of the Expert DW-8 Anil Kumar Gupta , I do not find any reason to disbelieve the same. He also elaborated each and every point in his report Ex. DW8/A for forming his opinion. Thus, the opinion of this document export is a relevant piece of evidence and also proves the execution of the Will. Therefore, the arguments of the learned counsel for the appellants stand repelled”. It is further appropriate to mention that the document expert Anil Kumar Gupta DW-8 has also opined that the thumb impressions on the will are of one and the same person who had thumb marked the admitted document Ex. D-3 like sale-deeds Ex. D-3 and DW4/A. The argument with regard to document expert Anil Kumar Gupta cannot be accepted merely because in some other cases his credibility has been doubted.Therefore, there is no substance in the argument that the evidence of the expert was liable to be discarded.In view of the above, this appeal fails and the same is dismissed.Appeal dismissed.

Best Forensic Expert In India – Forensic Expert

h1>Forensic Expert Forensic Expert, Anil Gupta Forensic Services, Most often focused our attention on providing helpful genuinely valuable and honest opinions in Forensic Science, Finger Print Examination by our Forensic expert. Our main object is to provide best service in the field of Forensic Science, Handwriting and Finger Print to the public and our main aim is to assist the court regarding the problems of handwriting, Forensic Science and Finger Prints.     Our Forensic expert, in the field of Forensic Science, examines the document as a whole to find out its execution with regard to the effect that document was executed genuinely or not. Our Forensic expert examines the documents to find out material and fraudulent additions/alterations and also detect the erasing made in a fraudulent manner. We in the field of Forensic Science, our forensic expert examine the document to determine the age of the signatures by examining changes appears in the genuine signatures/handwriting of a person from time to time or due to some accidental reason. We, in the field of Finger Print Examination as part of Forensic Science, compared the thumb impressions to determine their genuineness or otherwise. We, in the field of Forensic Science, also make voice analysis identification which is also used in the detection of crime. We, in the field of Forensic Science, also deal with the cross examinations of the expert giving opinion on ballistics and ammunitions. We, in the field of Forensic Science, also deal with the detailed cross examination to the experts giving opinion on Forensic Problems in Civil and Criminal Matters.     Forensic Science Examination Our reports in the field of Forensic Science and Handwriting have also been upheld in so many cases in Session Courts and Lower Courts. Our reports in Forensic Science examination are prepared with examination with latest techniques and reports are prepared in details. Our forensic expert prepared photographs of the Forensic Science Problems with digital photography and attached these photographs with the reports for demonstration purpose to the Hon’ble Courts which are highly helpful to assist the courts regarding handwriting and forensic Science problems. We, hope that new forensic expert in the field of Forensic Science examination will join our company to assist the courts and to help the public with the latest techniques. The forensic science is the object to examine the documents with application of scientific method and instrument to detect the problem in hand. The signatures, thumb impressions and problems relating to handwriting and forensic science are common in India, where private experts are required in the civil and criminal cases and their opinions are sought by the parties. We in the field of forensic science also deals and gives our  opinions in the field of serology ,toxicology, anthropology. Our company is registered wide enrolment no AOFE-001 and hopes to give best service in the field of forensic science and handwriting examination to the public and to assist the court.  

JUDGEMENT (Punjab-Haryana High Court Dharam Singh vs Labh Singh And Ors on 17 July, 2017)

Punjab-Haryana High Court Dharam Singh vs Labh Singh And Ors on 17 July, 2017 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No.1271 of 2016                  Date of Decision: 17.07.2017 Dharam  Singh                                  ……Petitioner                     Versus Labh Singh and others                            … Respondents CORAM:-HON’BLE MR. JUSTICE RAJ MOHAN SINGH SIGNATURE/THUMB IMPRESSION CAN BE COMPARED FROM PHOTO COPY In view of observations made by this Court in Harbans Singh and others Vs. Jagir Singh and others, 2006(1) PLJ 84, the photocopy of the document can be subjected to expert opinion, if the signatures/thumb impressions appearing on the document are apparent. The best evidence available with the party cannot be shut out on the preposterous plea that the comparison cannot be made on the basis of photocopy of the document.

Forensic Expert In India

How Forensic Expert are providing better meaning to our life problems Are you in search of tricks that you can come along in your next trial either in courtroom or board to win it? Expecting for various approaches that you must keep in mind before hiring a Forensic Expert for your trial? Then given below are few points that are provided by Anil Gupta know him his a top reputed forensic expert and carried out his M.sc in forensic since from Punjab university had a decade of experience in the examination of questioned documents & photography from various reputed government institution in India.   Given below are few points that you must keep in mind before looking out for a Forensic Expert for yourself: What’s your Qualification? The first thing that you must keep in mind before starting your hunt for the best forensic expert is searching out the qualification and years of experience he has while carrying out his practices. If possible must search for his CV and collect as much as information about this work from the local people and also from the search engine. How Forensic Expert ensure his best expertise? The basic ability that makes a person expert in Forensic Science is that his capability of cross-examination of questioned documents that are put by either of the two parties on the day of trial. Thus they are well equipped with their expertise to find the comparison between the genuine and forgery signatures or same goes in case of thumb expression as well. Can they meet the deadline? According to Anil Sharma, the forensic expert is fully aware of techniques and computerised technologies that help them to mark very minute detail of the detail and come up with the exact result that may be had taken place on a particular incident. Thus they are pretty much sure about exactly they have up with to carry out the examination of signatures, thumb impressions, questioned document in the specific interval of time. Any conflicts related to the case? This is the most noticeable phenomenon that usually carried out when you are looking for a forensic expert for your case. You must have to ensure beforehand that will the expert can handle your case or not. In the simple word is he have any conflict related to the particular case for which he has not specialised or that is not at all his cup of tea. These were the few points provided by Anil Sharma that could ensure you to come up with the best help of a forensic expert at the time of your trial. Even you can seek many various services outside the courtroom as well that could help you if you are a detective by profession. And as the forensic science deal with the study that is related to advance computerised technology that it is very much reliable. As well as much efficient to the older techniques that were used in case of forgery of the legal document and also better prospect to deal with the detail of the human genome characterisation.

JUDGEMENT (2006(1) PLJ 84 :2006(2) Cur LJ 282 : 2006(19) R.C.R.(Civil) 122)

2006(1) PLJ 84 :2006(2) Cur LJ 282 : 2006(19) R.C.R.(Civil) 122 Harbans Singh v. Jagir Singh, (P&H) PUNJAB AND HARYANA HIGH COURT Before :- M.M. Kumar, J. Civil Revision No. 1605 of 1999. D/d. 22.2.2006 Harbans Singh &Ors. – Petitioners Versus Jagir Singh &Ors. – Respondents Indian Evidence Act, 1872, Section 45 – Thumb impression on a photocopied document – Admissibility in evidence – Held, the best evidence available cannot be shut out on the preposterous plea that the depth of the thumb impression on a photocopied document could not be fathomed or that such a petition is not maintainable – Petition allowed.

Anil Gupta Forensic Service – Forensic Dna Expert

Forensic Dna Expert: DNA is the profiling being the essential evidence used by Forensic Experts in Paternity Disputes. DNA Evidence is based upon its examination in the structure and function and extraction of the DNA material from the parts of the body of human used for Forensic Analysis in the Crime Investigation. DNA is the genetic material present in the cells of all living organism which require examination of structure by collecting DNA sample from the source, extracting the same and used as Forensic Evidence to link the person with the crime. DNA is the most technical advanced system used in Forensic Investigation having short tandem repeat analysis with mitochondrial DNA Analysis,     Anil Gupta Forensic Service – Forensic Dna Expert: Y-Chromosome Analysis, Single Nucleotide Polymorphism typing. The DNA Sample in Forensic Analysis can be collected from blood, saliva, perspiration, hair, teeth, mucus, finger nails, semon and these can be found almost anywhere at crime scence. Some examples of places in Forensic Investigation where DNA evidence may be found include Cigarettes, cloths, stamps, bite marks, weapons, cups, tissues and these should be collected for Forensic investigation by bearing gloves, avoiding coughing or sneezing on the DNA Evidence, preventing the storage of DNA Forensic Evidence in direct sunlight or a warm setting. Using paper bags or envelop for storage and not plastic bags. DNA Forensic profiling is used in the criminal investigation with the help of Law enforcement agencies and forensic DNA profiling is highly accurate as long as the evidence is not contaminated. Many of the Forensic DNA Samples go into the combined DNA index system, in national DNA Data base molecules of Forensic DNA is one long chain made up of four different molecules named as cytosine, adenine, thymine, guanine. These molecules make pairs and DNA in human cell has 23 pairs, where one pair comes from the mother of the person in consideration and the other comes from the father, every Forensic DNA is unique except for identical Twins. Forensic Dna Expert: Forensic DNA stands for Deoxynbonucleic acid and it is usually an acid that contains genes that helping living organism in the development and functions. The use of Forensic DNA was first developed by Alac Jeffrey in year 1984 and in 1988 the Forensic DNA Crime Solving Technology was used to solved the murder case committed by colim pitch. Forensic Dna Expert: Collection of DNA sample from a crime scence is the first step in Forensic DNA System which is followed by creating a Forensic DNA profile regarding this sample and the last step is the collection of samples from suspect for Forensic DNA profiling which may lead to conviction of innocent citizens, however despite these disadvantages the technology is still helpful in solving crimes even solving the old cases which were previously remains unsolved. Geographically mapping system GIS is another technology alongwith Forensic DNA system. Forensic DNA technology is the technology of justice and utility of Forensic DNA evidence is powerful tool in criminal investigation. The service of criminal justice system often uses scientific expert and Forensic DNA investigation. Every court of Law has discretionary power to refute Forensic DNA evidence obtained in situations. Forensic Dna Expert: The reports of certain Govt. Scientific Experts are dealt U/s 293 of the code of Criminal procedure. Peoples have an expectations of Privacy in respect to the contents of their DNA Forensic Sample regardless of where it has been obtained or acquired. The issue arises when Forensic DNA of an individual analyse beyond the identification purpose. Evolution of Forensic DNA Technology is having a major impact on LAW as they have or are being amended in many legislation worldwide. Enactment of LAW regarding the collection, use, storage, admissibility and creation of Forensic DNA Database for DNA evidence reflects the impact of Forensic DNA technology on Criminal Justice System, however Forensic DNA evidence is a powerful and reliable tool which an establish the truth with accuracy regardless decades after the crime was committed. Forensic Science is the use of science in the service of LAW Sciences used in Forensic includes any discipline that can add in the collection, preservation and analysis of evidence as DNA. The Forensic DNA Scientist is expert in technical field. Forensic DNA evidence can link an offender to several different crimes or crime scenes. Forensic Scientists also work on developing new techniques and procedures for the collection and analysis of evidence. Positive Forensic DNA report can be of great significance where there is supporting evidence depending of course on the strength and quality of that evidence. But if Forensic DNA report is negative it would conclusively Exonerate the accused from the involvement of charge. The positive Forensic DNA report could not be therefore be accepted by the trial court in isolation. Forensic DNA testing can make a virtually positive identification when the two sample match. It exonerates the innocent and help to convict the guilty. The Forensic DNA test is a clinching piece of evidence which would show that it is the accused and the accused alone who committed rape on the victim. The possibility of two persons except identification of Twins having same Forensic DNA Finger Print is around in 30 Billion word population. It means that Forensic DNA test gives the perfect identity. It is very advanced science. Though there is no specific Forensic DNA Legislation enacted in India, section 53 & 54  of the code of Criminal Procedure 1973 provides for DNA test impliedly and they are extensively used in determining complex criminal problems. Forensic DNA testing on samples such as saliva, skin, blood, hair or semon not only help to convict but also serve to exonerate an accused. A National Forensic DNA database should be credited which will be immensely helpful in the fight against terrorism. More well equipped laboratories should be established to handle DNA samples. The great Forensic wars over admissibility are over. The importance of Forensic DNA has been discussed in various articles of Law universities. Two

Anil Gupta DNA Lab Expert – Forensic DNA Lab Expert

FORENSIC DNA LAB EXPERT DNA is the profiling, being the essential evidence used by Forensic DNA Experts in Paternity Disputes in DNA Labs. DNA Expert Evidence is based upon its examination in the structure and function and extraction of the DNA material from the parts of the body of human used for Forensic Analysis in the Crime Investigation in DNA Labs. DNA is the genetic material present in the cells of all living organism which require examination of structure by collecting DNA sample from the source, extracting the same and used as Forensic Evidence to link the person with the crime in DNA Labs. DNA is the most technical advanced system used in Forensic Investigation having short tandem repeat analysis with mitochondrial DNA Analysis, Y-Chromosome Analysis, Single Nucleotide Polymorphism typing in DNA Labs. The DNA Sample in Forensic Analysis can be collected from blood, saliva, perspiration, hair, teeth, mucus, finger nails, semon and these can be found almost anywhere at crime scence to use in DNA Labs . Some examples of places in Forensic Investigation where DNA evidence may be found include Cigarettes, cloths, stamps, bite marks, weapons, cups, tissues and these should be collected for Forensic investigation by bearing gloves, avoiding coughing or sneezing on the DNA Evidence, preventing the storage of DNA Forensic Evidence in direct sunlight or a warm setting, using paper bags or envelop for storage and not plastic bags in DNA Labs (FORENSIC DNA LAB EXPERT). DNA Forensic profiling is used in the criminal investigation with the help of Law enforcement agencies and forensic DNA profiling is highly accurate as long as the evidence is not contaminated in DNA Labs. Many of the Forensic DNA Samples go into the combined DNA index system, in national DNA Data base molecules of Forensic DNA is one long chain made up of four different molecules named as cytosine, adenine, thymine, guanine in DNA Labs. These molecules make pairs and DNA in human cell has 23 pairs, where one pair comes from the mother of the person in consideration and the other comes from the father, every Forensic DNA is unique except for identical Twins being used in DNA Labs. Forensic DNA (FORENSIC DNA LAB EXPERT) stands for Deoxyribonucleic acid and it is usually an acid that contains genes that helping living organism in the development and functions in DNA Labs. The use of Forensic DNA was first developed by Alac Jeffrey in year 1984 and in 1988 the Forensic DNA Crime Solving Technology was used to solved the murder case committed by colim pitch in DNA Labs. Collection of DNA sample from a crime scence is the first step in Forensic DNA System which is followed by creating a Forensic DNA profile regarding this sample and the last step is the collection of samples from suspect for Forensic DNA profiling which may lead to conviction of innocent citizens, however despite these disadvantages the technology is still helpful in solving crimes even solving the old cases which were previously remains unsolved in DNA Labs. Geographically mapping system GIS is another technology alongwith Forensic DNA system in DNA Labs. Forensic DNA technology is the technology of justice and utility of Forensic DNA evidence is powerful tool in criminal investigation in DNA Labs. The service of criminal justice system often uses scientific expert and Forensic DNA investigation in DNA Labs. Every court of Law has discretionary power to refute Forensic DNA evidence obtained in situations in DNA Labs. FORENSIC DNA LAB EXPERT The reports of certain Govt. Scientific Experts are dealt U/s 293 of the code of Criminal procedure. Peoples have an expectations of Privacy in respect to the contents of their DNA Forensic Sample regardless of where it has been obtained or acquired in DNA Labs. The issue arises when Forensic DNA of an individual analyse beyond the identification purpose in DNA Labs. Evolution of Forensic DNA Technology is having a major impact on LAW as they have or are being amended in many legislation worldwide in DNA Labs. Enactment of LAW regarding the collection, use, storage, admissibility and creation of Forensic DNA Database for DNA evidence reflects the impact of Forensic DNA technology on Criminal Justice System, however Forensic DNA evidence is a powerful and reliable tool which an establish the truth with accuracy regardless decades after the crime was committed in DNA Labs. Forensic Science is the use of science in the service of LAW Sciences used in Forensic includes any discipline that can add in the collection, preservation and analysis of evidence as DNA in DNA Labs. The Forensic DNA Scientist is expert in technical field. Forensic DNA evidence can link an offender to several different crimes or crime scenes in DNA Labs. Forensic Scientists also work on developing new techniques and procedures for the collection and analysis of evidence in DNA Labs. FORENSIC DNA LAB EXPERT- Anil Gupta Positive Forensic DNA report can be of great significance where there is supporting evidence depending of course on the strength and quality of that evidence in DNA Labs. But if Forensic DNA report is negative it would conclusively Exonerate the accused from the involvement of charge. The positive Forensic DNA report could not be therefore be accepted by the trial court in isolation in DNA Labs. Forensic DNA testing can make a virtually positive identification when the two sample match. It exonerates the innocent and help to convict the guilty. The Forensic DNA test is a clinching piece of evidence which would show that it is the accused and the accused alone who committed rape on the victim. The possibility of two persons except identification of Twins having same Forensic DNA Finger Print is around in 30 Billion word population. It means that Forensic DNA test gives the perfect identity in DNA Labs. It is very advanced science. Though there is no specific Forensic DNA Legislation enacted in India, section 53 & 54 of the code of Criminal Procedure 1973 provides for DNA test impliedly and they

Anil Gupta DNA Lab In India – DNA Lab In India

DNA Lab In India  DNA Lab India: People in their life take different types of health tests. They take those tests because of some reasons. One of the tests that are taken by the people is the DNA test. While speaking about DNA test everyone think why we need to take DNA test? There are a lot of reasons why a person might need to get a DNA test. We hear and see these tests in TV shows but these tests are taken in real life also. The main reason for taking a DNA test is to determine paternity. That is, when this test is taken it confirms whether a man is the father of a particular child or not. The DNA test is available in different types which are provided by the DNA lab in India. For example, the DNA siblings test and DNA maternity tests are some type of DNA tests taken by the people. Apart from these tests, the DNA labs also provide DNA ancestry testing facility for those who are interested in ethnic origins and genealogy.   How to get a DNA test? DNA Lab In India: Taking a DNA test is very easy today. This is because a number of DNA testing labs are available today which provides DNA testing facility. If you want to take such a test get appointment from a DNA lab and carry your test. You can use two types of options for this purpose that is, you can use either a walk-in DNA lab or an online lab facility. Choosing the online DNA testing lab facility is the best and convenient option than walk-in labs. This is because, for DNA testing, the online lab will send you a sample collection kit. If you receive your samples, you can return to them the payment. Why people take DNA tests? In general, the main reason for taking DNA test among people is to test relationships. For example, people take this DNA test to test relationship like siblingship, maternity and paternity. Generally, the DNA test is divided into two types as DNA test for legal proceedings and DNA test for peace of mind. DNA test for peace of mind Getting the DNA test for peace of mind is quite easy and common. Also, the cost of taking this type of DNA test is also affordable. One can collect his or her DNA samples at their home easily without any strain in this test(DNA Lab In India). DNA Test for legal proceedings: On the other hand, if the DNA test is need for legal proceedings, then anyone who needs to take the test must purchase legal admissible DNA testing from the lab in which they take the test. A neutral third party collects the DNA samples and submits it to the court. The third party that collects the samples of DNA is the authority to confirm the identity of the donor and make sure the custody rules. The court only accepts the DNA samples of a person only authorized by the authority in case of legal proceedings. Results: DNA Lab In India In general, the results of a DNA test are given by the DNA labs within four to five working days. In the case of online DNA labs in India, the test results are mailed to the recipient. Even offline lab results also offer this mail facility. Online DNA labs also offer results of the test through online. The result of the test is based on how the user applies for the test. For instance to say, in the case of DNA paternity test, the alleged father is either excluded from the test or not excluded. In general, the maternity and paternity tests offer conclusive results. In the case of DNA sibling ship test, the result is provided in the form of percentage of relationship. The reason for this is, this test is more complex than the other forms of DNA tests. Also, the results of DNA ancestry test also vary from one person to another person. Choose the right DNA lab: There are a number of DNA labs in India offer DNA testing facility to the people. While deciding to take this test, one must need to choose the right DNA lab. The user must choose a DNA lab that has more experience in this field because only a lab with reputation able to take the test in the correct way and provide good results. It is better to choose the online DNA labs for testing DNA. Online DNA test labs provide effective tests than normal one and also provide results very quickly. Getting test from these online labs are also very easy. Similarly, most of the online DNA labs offer DNA testing facility at an affordable rate to their clients. All you just need to take fix an appointment to the lab and take your test. Your samples and result will be provided to you shortly.  

AGE OF SIGNATURE/INK – Anil Gupta Forensic Service

AGE OF SIGNATURE/INK : According to science of handwriting examination, there occur changes in the writing/signatures of the same persons with the passage of time and some changes become consistent and permanent with specific period of the time, depend upon writer to writer and conditions thereon as per Anil Gupta Forensic Services. Many writers, particularly those who write well and freely, are from time to time making slight but persistent changes in their handwriting. These changes are usually few in number compared with all the characteristics of the writing and do not change the general style, but often are sufficient, with adequate material for comparison, to show conclusively that a writing was made before or after a certain definite time. An interval of five years or even less, under certain health or changed business conditions, may show a number of permanent and significant changes. Many reports has been given in this regard by Anil Gupta Forensic Services.     An entirely new approach was made in a case, where date of signature on a typed letter dt.17th Jan, 1992 was in question. Earlier to know the age of the signature, age of document was determined by ink, paper, printing and subject matter examination. But the present study was carried out with the aim of postulating the changes that occurs in a person’s signature with the passage of time. A detailed analysis of 61 signature specimens dt.13/02/1992 to 26/11/1999 of the person carried out. The examination showed a clear variation in the signatures with due course of time as natural variations. Using these variations the age of the signature was determined and reported. The honourable court accepted the examiner’s report and acquitted the suspect. AGE OF SIGNATURE/INK: Now many cases has been received by Anil Gupta Forensic Services relating to determination of age of signatures and opinion in many cases has been given by taking proper standard signatures from the bank record by summoning the same in the Hon’ble Court or from the Income Tax returns by summoning the record of the concerned Chartered Accountant or by examining the successive J-Forms and other relevant records available in a proper manner pertaining to case in hand. Many cases has been examined carefully and reports have been submitted and also appeared for evidence in the court regarding to determination of age of the signatures on the behalf of Anil Gupta Forensic Services and more study is also made and continuous to be made in this regard from the cases received by Anil Gupta Forensic Services for the determination of the age of the signature.   The examination of the ink with regard to determination of the age of the signature is correlated with each other. The inks may be printing ink, coping ink. Sometime chemical and other ink tests are required for the identification of the age of the document. Microscopic examination of the ink is also required for the determination of the age relating to ink problem and case in hand. Composition of the ink is any important factor in this regard.   AGE OF SIGNATURE/INK According to Anil Gupta Forensic Services in establishing or disproving the genuineness of the disputed document there are great many questions according to ink. It is possible to determine in most instances the identity or differences, the relative age and sequence of ink writings. A great variety of question on the subject of ink can be answered definitely and are of proven value as evidence.   The age of the signature/ink according to Anil Gupta Forensic Services can be determined on the composition of the ink as examination of ink and its importance may be a determining factor in some cases concerning the validity or invalidity of a document. It is therefore important to be familiar at least with the major types of the ink their composition ad basic characteristics to the extent to which these facts may have significance for the document condition. As ink manufacturing improved from time to time, examination of these inks required the development of new techniques to identify or differentiate one kind from another with respect to determination of the age. There are wide variations in the quality, composition and manufacture of different inks in spite of possible similarity in the method of preparation. Writing inks consists of coloring matter dissolved in matter in low concentration. In addition to the color other ingredients are added to modify the properties of solution.   AGE OF SIGNATURE/INK: The ancient writing ink used as papyrus and vellum were made of several kinds of carbon lamp black and gum dissolved in water used on papyrus and vellum were made of several kinds of carbon lamp black and gum dissolved in water.   Chinese ink is made from shoot, lamp black and glue and other ingredients. Indian ink is a true black ink that has no tinge of some other hue. It is free from die and contains carbon as a pigment. Since it is very thick and heavy, it is not used for ordinary writing, except by artist or draftsmen, mostly on special paper with a special pen. It is indelible and cannot be removed chemically.   AGE OF SIGNATURE/INK: Iron gallo-tannate inks, the earlier known date for the combination of iron and tannin to make writing inks, is merely 2000 years after the invention of india ink. The most important raw material the gallo tannin acid is made from gall nuts obtained from the oak trees of Asia Minor. The old fashioned iron tannate inks which contains iron and tannate showed various definite changes after days, or months and especially after several years due to oxidation. The reaction of oxygen on iron and tannin in the ink expose to air, when farric salt is used, which is brown causes the ink to become faded or yellowish commonly known as rusted as weeks, months or years pass, depending on condition of exposure to light or dark. The modern permanent black or blue black

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