Evidence Act, 1872, Section 102 -- Burden of proof - Document executed by pardanashin woman - It is presumed that document executed by pardanashin woman is not within her knowledge and burden of proving same lies on person who relies on document...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Illiterate woman -- Rules regarding transactions by a Pardanashin lady are equally applicable to an illiterate and ignorant woman though she may not be a pardanashin lady...........
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104 -- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
Criminal trial -- Eye witness - Plea that eye witness is pardanashin lady and she cannot identify accused persons - Not accepted - Face of pardanashin lady cannot be seen by general public but she can see everybody - Moreover, it would be difficult for her to forget the faces of her husband assailants as they were in close proximity with her and she had seen them in torch..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Can be ordered when defendant cannot be served in the ordinary way though defendant may not be avoiding or evading service of summons and yet it may not be practicable to effect personal service upon him, e.g. where the defendant is a pardanashin lady, or is missing, or her whereabouts are not known, or..........
Consent decree -- Pardanashin lady or an illiterate lady - Defendant was made to understand the contents of plaint and written statement by counsel as well as by Presiding Officer of Court and defendant thumb marked the written statement as well as her statement in Court, after duly understanding the same - Held, defendant cannot be permitted to resile from the same later..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant proceeded exparte on 27.5.2000 whereas he died on 14.11.1999 - Decree against a dead person is a nullity - Neither any notice nor any information was ever sent to the wife and L.R's of deceased defendant - Widow an illiterate Pardanashin lady cannot be supposed to have any knowledge..........
Evidence Act, 1872, Section 101, 102, 103, Transfer of Property Act, 1882, Section 54 -- Sale deed - Illiterate, pardanashin woman - Sale deed when executed by an illiterate, pardanashin woman then burden is on vendee to prove that the deed of sale was a genuine document...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Where summons are issued at the first instance, whether it may be in summons case or warrant case, application u/s 205 Cr.P.C. can be allowed when (1) accused resides or carries on business at a far off place; (ii) on account of physical reasons; (iii) if insistence of his personal presence,..........
