Hindu Marriage Act, 1955, Section 13 -- Divorce - Mental cruelty - Unilateral decision of either party not to have child from the marriage - May amount to mental cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - No uniform standard can ever be laid down - Concept of cruelty differs from person to person - Concept of cruelty changes with passage of time, impact of modern culture and value system etc. - Few instances enumerated hereinafter are only illustrative and not exhaustive viz. (i) Not possible for parties to live with..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Sudden fight - Implies mutual provocation and blows on each side - Homicide then committed is not clearly traceable to unilateral provocation, nor in such cases could the whole blame be placed on one side - There is no previous deliberation or determination to fight - A fight suddenly takes place, for which both parties..........
Principles of natural justice -- Withdrawal of benefit of pay and allowances - Recovery from pay and allowances - Neither any show cause notice given nor any opportunity of hearing given - Held that taking a unilateral decision on a subject as the present one whereby the vested right of the petitioner is being affected is not permissible without following the principles of..........
Transfer of Property Act, 1882, Section 105 -- Tenancy - Proof - Payment of house tax - Defendant alleged to be licensee whereas he claiming to be a tenant - Payment of house tax in which defendant is shown to be a tenant - Held, payment of house tax by a person in possession of house is a unilateral act which is not sufficient to prove his tenancy...........
Limitation Act, 1963, Article 1,19,25 -- Limitation - Recovery suit by Bank - Pledge of FDR - Loan given on 4.1.1984 Last entry of Rs. 300/ - made before 31.3.1987 - Accordingly the limitation would start from 1.4.1987 - The suit filed on 10.8.1990 would be barred by limitation as per the provisions of Article 1 of the Act - Reliance on Article 25 of the Act would not be..........
Injunction -- Against Panchayat - Plaintiffs in long standing possession - Serious dispute as to title - Plaintiffs not rank trespassers - Cannot be dispossessed by force on the basis of unilateral decision taken by Panchayat or other Authorities - Move to dispossess plaintiffs forcibly - Such step ought not to be taken without observing due process of law - Minimum that..........
Package tour -- Of European countries and U.S.A. - Unilateral cancellation by OP without assigning any valid reason and it also failed to inform the same to the complainant in time - Held to be deficiency in service within the meaning of the Consumer Protection Act - Award of compensation of Rs. one lakh will meet the ends of justice...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Possession - Ration card, identity card and directory showing the addresses of the plaintiff - All are unilateral documents - Held, these are not conclusive proof of possession of the plaintiff...........
Hindu Adoptions and Maintenance Act, 1956, Section 12, 13 -- Adoption - Rights of adoptive parents to dispose of their property - Is subject to agreement between parties - No implied contract restricting rights to dispose of properties - Natural father's unilateral letter offering to give in adoption and letter stating that adopted son will alone get adoptive father's..........
