Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Simplicter leaving the house is not desertion unless and until animus deserendi is proved - Separate living and separate living with an intention to never return back to matrimonial home are the ingredients to prove desertion...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Evidence on record shows that husband wanted to get rid of wife by one mode or the other - Wife on the other hand is always ready and willing to join the matrimonial house and submitted that husband does not want to keep her in matrimonial house even if job is left by her - Story of desertion is thus a..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible document - Court has jurisdiction to reject a document at any stage of suit which it considers irrelevant or otherwise inadmissible, recording grounds of such rejection...........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible document - Will not attested by any witness - Such document can be rejected even before it is sought to be proved...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Suit for eviction - Arrears of rent - In case of failure of tenant in duly discharging his stand as regards payment of defaultable arrears - Appellant/landlord has right to move the High Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant alleges that he was never served in suit and he never refused to receive summons - However, process server has recorded in his report that he had seen defendant concealing himself in his house and he refused to take summons or evaded service - Said report is duly witnessed by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ailment of defendant - Medical certificate in support thereof - Medical certificate alleged to be forged document - Defendant had been regularly appearing in criminal proceedings which were simultaneously going on during disputed point..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Ex parte decree - Setting aside - A person who is not eo-nominee a party to a representative suit but who would be bound by decree, can maintain an application U.O.9.R.13 CPC to set aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no necessity for defendant to file an application for condonation delay while seeking relief of setting aside ex-parte decree passed against him, when there is no evidence to show that summons were served upon him and when he..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, 11, 13 -- Shamilat deh - Jurisdiction - Wrongful and unauthorized possession of shamilat deh - It is Assistant Collector of First Grade alone who can eject any person who is in wrongful and unauthorized possession of shamilat deh of any village and instead put Panchayat in possession thereof - It is Assistant..........
