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ON PHOTOGRAPHY AND IMPORTANT SELECTIVE COURT RULINGS ON EXPERT EVIDENCE

 
  1. Evidence of experts: “The real worth of the expert depends upon his learning skill and the value of his evidence depends largely on the cogency of the reasons on which it is based.”………………………Saqlain Ahmed V. Emperor:..........A.I.R. 1936 Allahabad 165.
  2. Value of opinion of experts without reasoning. “The court can refuse to place any reliance on the opinion of an expert which is unsupported by any reasons. “Haji Mohammed Ekramul Haq V. State of West Bengal: 1959 Supreme Court Journal 443 = (1959) Supreme Court Appeals 477 = A.I.R. 1959 Supreme Court 488……..
  3. Obtaining specimen writings for comparison – “In obtaining a specimen handwriting, the correct rule is that the same type of paper, the same color of ink and the same kind of medium as were used in the disputed handwriting should be used as far as possible.....Abdul Gani & another V. Devi Lal : A.I.R. 1960 Rajasthan 77.
  4. Authentic specimen writings needed for comparison. “The writing with which the comparison is made must be clearly proved to be that of the person alleged.” Suresh Chandra Sanyal V : Emperor : A.I.R. 1939 Calcutta 606=13 Criminal Law Journal 289=16 Calcutta Weekly Notes 812=14 Indian Cases 713……………
  5. Time should be granted for cross-examination of experts – “In the case of an expert witness, sufficient time for preparing for cross-examination should be given. Ladharam Narsighdass V. Emperor : A.I.R. 1945 Sind 4.
K. Cross-examination by experts – “There is no objection in specific cases for an expert being allowed under special power of attorney…………...……….” Thumu Deo V. Baldeo : 1942 Nagpur Law Journal 449.

(i) Cross-examination by experts – whether permissible. – The cross examination of a witness is “acting” and not “pleading”, and hence there is no objection in specific cases for an expert being allowed under special power of attorney to be employed for the cross-examination of another expert in the same line of business on the other side……………………….. Thumu Deo v. Baldeo : 1942 Nagpur Law Journal 449
 
  1. Evidence of experts – Examination-in-chief – Witness must be shown that he is an expert. – Where the evidence does not show that the person deposing is an expert in handwriting, the evidence can be ruled out as inadmissible ………………… Chet Ram v. Jogi Ram : (30) A. I. R. 1930 Lahore 336
  2. Opinion of experts – Largely depends upon the material for comparison. – The value of the opinion given by an expert depends to a great extent upon the material put before him and the nature of the questions that are put to him. At times there is very little material upon which an expert can form an opinion; the documents sent to him may have been written under circumstances differing very considerably in time and conditions; and the actual words written in the standard writings in his possession may not be found in the questioned writing........... Re : S. A. Sattar Khan and others : A. I. R. 1939 Madras 283
  3. The worth of an opinion can be tested by the reasons given in support of that opinion and not by the bare conclusions of the expert………………………………. “Devi Prasad and others v. State : A.I.R. 1967 Allahabad 64.
 
SHRI S. RAJENDRA BABU & SHRI D.P. MOHAPATRA, HON’BLE JUSTICES SUPREME COURT OF INDIA IN CASE MAHAVEER SINGH & ORS. VS. NARESH CHAND & ORS. IN (C.A.NO. 6286 OF 2000 (SLP(C) NO. 14574/2000 DECIDED ON 08/11/2000) SAY,…”IN THE COURSE OF THE TRIAL, THE ORIGINAL AGREEMENT OF SALE PRODUCED BEFORE THE COURT WAS SENT FOR SCIENTIFIC EXAMINATION. PW.-8, ASHOK KASHYAP, WHO IS STATED TO BE HAND WRITING & FINGERPRINT EXPERT, DEPOSED THAT HE HAS EXAMINED THE ORIGINAL AGREEMENT TO SELL DATED: 30/01/95 & FOUND EVIDENCE OF INTERPOLATION AT PAGES 2 & 3” ………………(AIR 2001 SC 134) – RECOGNITION AS AN
 
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