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Shamjibhai Hirjibhai ... vs State Of Gujarat on 23 January, 2023 cites

Rajeshbhai Muljibhai Patel vs The State Of Gujarat on 10 February, 2020

In case of Rajeshbhai Muljibhai Patel Vs. State of Gujarat, reported in AIR 2020 (3) SCC 794, the Hon'ble Apex Court, in regard to the opinion of the handwriting expert, which opined that the signatures did not tally with the sample signatures of the respondent to the matter, while stating about the pendency of the summary suit before the competent Court and of issue being raised of fabricated forged signature, observed that, when the issue as to genuineness of receipts is pending consideration in the civil suit, FIR ought not to have been allowed to continue as it would prejudice interest of parties and the stand taken by them in Page 14 of 19 Downloaded on : Sun Sep 17 21:06:50 IST 2023 NEUTRAL CITATION R/CR.MA/23979/2019 ORDER DATED: 23/01/2023 undefined the Civil Suit. The Hon'ble Supreme Court has found out that in terms of section 45 of the Evidence Act, opinion of hand writing expert is a relevant piece of evidence but it is not a conclusive evidence and it is always open to the parties to adduce appropriate evidence to disprove opinion of hand writing expert. Over and above that, Section 73 of Evidence Act empowers Court to compare admitted and disputed writings for the purpose of forming its own opinion and thus it was observed that only on the sole opinion of the handwriting expert, the F.I.R. ought not to have been registered, and continuation of the FIR would be abuse of process of Court and therefore the F.I.R. came to be quashed.
Supreme Court of India Cites 15 - Cited by 207 - R Banumathi - Full Document

State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990

In case of State of Haryana V. Bhajan Lal and others, AIR (1992) SC 604, the Apex Court formulated as many as seven categories of cases, wherein the extraordinary power under Section 482 could be exercised by the High Court to prevent abuse of process of the court. It was clarified that it was not possible to lay down precise and inflexible Page 15 of 19 Downloaded on : Sun Sep 17 21:06:50 IST 2023 NEUTRAL CITATION R/CR.MA/23979/2019 ORDER DATED: 23/01/2023 undefined guidelines or any rigid formula or to give an exhaustive list of circumstances in which such power could be exercised. The Apex Court made the following observations:-
Supreme Court of India Cites 44 - Cited by 19733 - S R Pandian - Full Document
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