Medical education -- NEET-UG course - When a seat is rendered vacant through fraud, an obligation is cast upon authorities to restore that seat to next eligible candidate as per merit list - To allow a seat to remain wasted due to administrative inaction or lethargy, is a subversion of very purpose of NEET-UG examination that was to facilitate systematic organization of..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Restoration of petition filed u/s 12 of the Act dismissed in default - Magistrate possesses implied power to restore a petition filed under the Act, which was dismissed in default, as proceedings under the Act are civil in nature - S.362 Cr.P.C. cannot be a bar for exercising such power in the process of..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Reasons given by appellant for her non-appearance and delay are bona fide and constitute sufficient cause - Trial Court has erred in rejecting restoration application on technical grounds, thereby depriving appellant of an..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Wife herself had left matrimonial house and she was expecting husband to visit her place and persuade her to restore matrimonial relationship - Her inordinate insistence gives an impression that her inflated ego was restraining her to restore marital ties - This egoistic approach cannot be accommodated..........
Practice and Procedure -- Where a party has been disadvantaged by reason of an act of Court, it is incumbent upon Court to undo such prejudice and restore party to position he would have occupied but for such act...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Police protection orders are not intended to operate as instruments for recovery of possession - Directing police to dispossess others and restore possession would, in effect amount to execution of a decree, which can only be sought in execution proceedings U.O.21 CPC...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Parties are living separately for over 11 years - Marriage has completely and irrevocably broken down - Multiple attempts at reconciliation through mediation have failed - Neither party has shown any willingness or inclination to restore marital bond - Continuing such a marriage would..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Marriage between parties was solemnized in 1997 and it was love marriage but conjugal relationship between parties was snapped since 2002 - Wife is residing in her parental house thereafter and they never resumed cohabitation after 2002 and during last more than two decades efforts..........
Indian Contract Act, 1872, Section 65 -- Restitution - Possession delivered to proposed vendee under agreement to sell - Defendant claims that plaintiff lost his title over the suit land and contract stands frustrated - Defendant being beneficiary under the void contract needs to restore back the advantage that he received under the void agreement as per the mandate of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
