November 21, 2018, 10:15 am

Evidence Act

Proviso- Exhibit Kha is an old registered of the year 1935

Section  90 –  Proviso-Exhibit Kha is an old registered of the year 1935 and, as such, is admissible in evidence without any formal proof. Where there are ample facts and circumstance before the court as pointed out in support of the genuineness of his partition deed and were this partition deed came before the court from the custody of the contesting defendants the heirs of one of the executants of his partition deed did not come before the court from the proper custody and, as such, taking of this partition deed into evidence and making of the same as exhibit has been illegal.- Nurul Hoq Bhuiyan vs Momtajul Islam (Civil), 67  DLR  (AD)  (2015)  51.

Section  92 – The oral and extraneous evidence  contradicting the contents of a written instrument is not admissible.- Gopal Goyala vs Molina Rani (Civil),67 DLR  (AD)  (2015)  240.

Section  45 – Expert evidence – Expert opinion is one piece of evidence and shuld be considered  with other evidence on record. The dis-puted signatures of plaintiff on the receipts of the money order (in original) should be compared with those in admitted agreement. – Masud Haider (Md) vs  Golam Ambia (Harun)  (Civil), 67  DLR  (HCD)  (2015)  395.

Section  45 – Hand writing expert – The court is required to take into account that in the modern world science has been developing day by day very rapidly and it is the need of the day to detect the truth by applying modern technology. – Mojammel Hossain shamol vs Nazma Begum @ Ayesha Khatun (Civil),  67  DLR  (HCD)   (2015)  503.

Section   60 – In directing a DNA test courts must be cautions about the problem result of a DNA  test exposing a child to a socially deplorable condition as a bastard child. – Beautiful Bibi vs. Md saidur Rahman  ( civil )  67  DLR  (HCD)  (2015)  1.

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