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..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Recovery suit - Plaintiff had discharged her burden by proving pronote by examining PW2 and scribe - Signature as well as thumb impression found on document to be that of defendant - However, defendant has not taken any steps to positively prove contrary by calling expert - In such circumstances, Courts below after..........
Evidence Act, 1872, Section 45 -- Expert opinion - Signatures on a document alleged to be of another party and other party denying the same - It is for the party to establish his assertion/allegation as to the handwriting/thumb impression/signature of a party on a document to be of that party or forged, as the case may be, by leading cogent evidence in this regard and the..........
Criminal Procedure Code, 1973, Section 125, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Maintenance to wife - No evidence on record to establish income of husband - Court has to make a rough estimate as to what his income could be - It has not been established that husband is owning a ready made garments shop - At best it could be held that he was..........
Will -- Suspicious circumstance - Will contains signatures of testatrix in Punjabi - However, testatrix was illiterate and she used to put thumb impression and not signatures - Defendant/beneficiary of Will not led any evidence to show that testatrix ever signed any other papers/documents - Plaintiffs on the other hand produced bank account record which shows testatrix..........
Agreement to sell -- Execution - Proof - Defendant admitted his signatures on agreement to sell - Scribe of agreement of sell proved that he had scribe the same and defendant had signed/thumb marked the same - Plaintiffs also deposed that agreement to sell was got drafted and signed/thumb marked by parties including defendant - Execution of agreement of sell is proved...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Fire arm injury - Circumstantial evidence - Accused initially stated in FIR that three intruders entered his house in order to abduct him and they shot dead his wife - However, he has not mentioned any reason or named any on suspicion of enmity or otherwise why intruders wished..........
Indian Penal Code, 1860, Section 307, 34 -- Offence u/ss 307/34 IPC - As per allegation, accused bit thumb of injured - However, medical evidence that no abrasions were noticed on person of injured as a result of teeth bite - Evidence of eye-witnesses totally contradicted by medical testimony - Accused acquitted...........
Will -- Execution - Testator signed the Will whereas he used to append thumb impression - This assertion of defendant not disputed during his cross examination by plaintiff - Plaintiff did not produce any document containing signatures of testator except the so called Will - This casts a serious doubt regarding execution of Will...........
Evidence Act, 1872, Section 32 -- Dying declaration - Merely because thumb impression of deceased is not taken on dying declaration, same is not fatal to prosecution case, particularly when both the hands of deceased were burnt and due to that her thumb impression could not be taken...........
