Civil Procedure Code, 1908, Order 7, Rule 11, 13 -- Rejection of plaint - Does not preclude plaintiff from presenting a fresh plaint in terms of O.7.R.13 CPC...........
Constitution of India, 1950, Article 13 -- Balancing between intra-fundamental rights - It has been distinctly understood that test that has to be applied while balancing two fundamental rights or inter-fundamental rights, principles to be applies in intra-conflict between same fundamental rights - No fundamental right is absolute and it can have limitations in certain..........
Constitution of India, 1950, Article 13, 21, 32 -- Fair Trial - Balancing between intra-fundamental rights - There may be perception that if principle of primacy is to be followed then right of one gets totally extinguished - It has to be borne in mind that total extinction is not balancing - When balancing act is done, right of fair trial is not totally crippled, but it..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Prevention of Corruption Act, 1988, Section 13(2) -- Amassing of properties by public servant - Fresh enquiry - In the instant case, enquiry was conducted but charges were not proved - Hence, fresh enquiry can be conducted if some other items of acquisition of property on part of public servant come to notice which were not subject matter of first enquiry...........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Can also arise at a subsequent point of time and a second petition is maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 13, 23, 28 -- Service of notice - Ex parte order - Not only service was effected upon husband at his permanent place of residence, but correspondent who is his mother was duly served - It is difficult to believe that husband was not aware of institution of proceedings - Plea that relationship between husband and..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Death of landlord - Plea of tenant that all legal representatives were not available on record despite the fact that son of landlady as co-applicant was already on record - Order declining stay operation of ejection order does not suffer from any infirmity or illegality -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction order - Non-payment of rent - Tender not made on date fixed - Eviction has to follow...........
