Criminal trial -- Illiterate villager or rustic lady - Appreciation of evidence - It is impossible for an illiterate villager or rustic lady to state with precision the chain of events as such witnesses do not have sense of accuracy of time etc...........
Non Est Factum -- Where a transaction is said to be affected by non est factum with a plea available for a person, who did not know the nature of document and he was illiterate, then Courts have expressed such transaction to be not merely voidable but even void...........
Consent decree -- Fraud - Judgment and decree obtained by playing fraud - Appellant, rustic and illiterate woman, taken to Court by a relation on plea of creation of lease deed - In hurried manner, plaint presented, written statement drafted and filed, statement recorded and decree obtained within 3 days only on basis of consent in written statement - No iota of evidence..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Service by publication in Newspaper cannot be said to be sufficient service in absence of recording of satisfaction by Court that defendant was intentionally evading service or that he could not be served in ordinary course - Even otherwise, in the instant case, petitioner is rustic illiterate villager,..........
Agreement to sell -- Specific performance - Factum of entering into agreement denied in written statement - However, it was pleaded that taking benefit of their being rustic illiterate villagers, some signed blank papers may have been used by the plaintiff for the purpose of preparation of alleged agreement of sale - Defendant not admitted execution of agreement of sale..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 354 -- Death sentence commuted to life imprisonment - Appellant's wife had run away to her maternal house three or four days before the incident - Appellant had been accusing his mother to have been cause of his wife running away from house and out of anger and excitement appellant severed neck of..........
Motor Vehicles Act, 1988, Section 188 -- Motor accident - Compensation - Whether to be invested in fixed deposit or disbursed to claimants - Long term fixed deposit is mandatory in case of minors, illiterate claimants and widows - In the case of illiterate claimants, Tribunal can consider the request for lump sum payment for effecting purchase of any movable property such..........
Punjab Land Revenue Act, 1887, Section 15 -- Appointment of Lambardar - There is no qualification prescribed under the rules with regard to appointment of Lambardar - Even an illiterate person can be appointed as Lambardar - Petitioner has preferential claim in view of the fact that his father was a previous Lambardar - Otherwise also all subordinate revenue authorities..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Applicants were poor and illiterate villagers - Advocate's Clerk did not take appropriate and necessary steps in time - Held, liberal approach to be taken - Sufficient cause made out for condoning delay - Delay condoned subject to..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Suit for declaration that gift deed was illegal, null and void - Suit filed within eight days of execution of gift deed after lodging FIR - Marginal witnesses examined by donee not present when gift deed was scribed - Donee taking active role in preparation of gift deed - Plaintiff an illiterate person residing..........
