East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Non pleading of essential ingredients of S.13(3)(a)(i) in eviction petition - Held, not fatal, if landlord has led evidence to that effect...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - It is not necessary that in all cases cause of eviction has to be seen at the time of filing of the eviction petition but subsequent event can also to be taken as consideration...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction of tenant sought on ground of non payment of rent - Eviction ordered - Tenant not vacating premises - Held, once tenant is evicted under this Act, he is said to be a statutory tenant and liable to pay mesne profit for continuous use of demised premises...........
Prevention of Corruption Act, 1988, Section 7,13(1)(d),13(2) -- Illegal gratification - Exact date of demand not disclosed - Not fatal when there is consistent version in respect of meeting the accused and the accused demanding the bribe amount prior to the trap...........
Prevention of Corruption Act, 1988, Section 7,13(1)(d),13(2) -- Illegal gratification - Demand - Consistent as regards demand and acceptance in examination-in-chief as well as during the course of initial cross examination - During course of further cross examination after a period of four months version was changed which was contrary to the earlier version - Held, earlier..........
Prevention of Corruption Act, 1988, Section 7,13(1)(d),13(2) -- Illegal gratification - Member of the raiding party - Evidence of such a witness cannot be discarded merely for the reason that he will be interested in the success of the trap - Only requirement is that Court to consider such evidence with great care and caution...........
Prevention of Corruption Act, 1988, Section 7,13(1)(d),13(2) -- Illegal gratification - Conviction - Sentence less than minimum prescribed - Accused underwent ordeal of trial for 11 years and is of 72 years of age and was dismissed from service and not entitled to receive any retirement benefits - Held, there is no provision in the Act for awarding less than the minimum..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Irretrievable breakdown of marriage - Wife wants the marriage to continue especially to secure the future of their minor daughter - Parties though not lived as husband and wife for the past about 11 years but marriage has not broken down - No case made out for exercise of power..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte divorce decree in favour of husband - Husband thereafter undergoing second marriage - Exparte decree set aside - Held, second marriage automatically becomes void...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree - Setting aside - Limitation - 30 days from the date of passing of the exparte decree if defendant was duly served - Where defendant was not duly served, such an application can be filed within the aforesaid period commencing from the date of knowledge of the exparte decree...........
