Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Husband with 90% vision defect misrepresented himself a Mechanical Engineer - He was not prepared to undergo a medical test, which strongly suggest that husband did have a defect in his vision - Rather he put forth an unreasonable demand for a virginity test while standing in the dock in an open..........
Power of Attorney Act, 1882, Section 2 -- Power of attorney holder - Not entitled to plead on behalf of principal but he can only lead evidence or settle pleading in the form of a plaint or written statement or petition...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(A)(i) -- Recovery of 389.86 Kg Ganja - Appeal against conviction - Accused convicted on basis of his confession/pleading guilty by submitting pursis - Court below has not discussed any evidence on record already led - Even prosecution has not examined any other witnesses except I.O - Accused in his statement..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - No evidence on record that wife is living in adultery - No such pleading or evidence adduced by husband - Even name of person with whom wife is alleged to be having illicit relations not mentioned either in written say or even brought on record in evidence - Adultery not proved - Wife is..........
Specific Relief Act, 1963, Section 19(b) -- Specific performance - Bona fide purchasers in good faith - There is neither any pleading nor any evidence on record that defendants were bona fide purchasers - Plaintiff on the other hand specifically averred and proved that he was put in possession of entire property by way of part performance of contract on the date of..........
Advocates Act, 1961, Section 29, 33 -- Power of Attorney - Right to plead - Power of attorney holder is not entitled to plead on behalf of the Principal, but he can only lead evidence or settle the pleading in the form of a plaint or written statement or petition...........
Service -- Judicial Review - Modification of award of Labour Court by High Court - If no pleading is made or evidence is led before Labour Court, matter cannot be raised before High Court and high Court should not entertain the same - High Court's jurisdiction is to examine the correctness of award passed by Labour Court in exercise of its judicial review power u/Art 227..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Notice - Tenant pleaded that building in question was given on lease for manufacturing purposes and he was carrying the business of garment manufacturing, thus tenancy was terminable with a six months prior notice - Plea rejected as neither in the pleading nor in the evidence produced by tenant before Court below,..........
Civil Procedure Code, 1908, Order 23, Rule 1, East Punjab urban Rent Restriction Act, 1948, Section 13(3)(a)(i), Order 23, Rule 1 - - Eviction petition - Withdrawal at appellate stage - Eviction petition on ground of personal necessity - Non pleading of mandatory requirement that landlord is not occupying residential building in the area concerned and that he has not..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of false criminal case - Absence of pleading - Criminal complaint filed by wife after filing of divorce petition by husband - It is a subsequent event which can be looked into by Court - Moreover, parties were fully aware of this facet of cruelty which was allegedly suffered by husband - Plea of..........
