East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 20, Rule 12 -- Eviction decree - Mesne profits - Unlawful occupant - Once a decree of eviction is passed, tenant becomes an unlawful occupant and therefore, any contract between parties also comes to an end - Consequently, lease deed or escalation clause herein would not be..........
Hindu Marriage Act, 1955, Section 12(i)(c) -- Annulment of marriage - Concealment of physical deformity and infection in private parts of wife - Evidence on record shows that PWs have no personal knowledge about allegations of physical deformity of wife - No effort was made by husband to get wife medically examined from competent doctor - Evidence adduced by wife to show..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Object of O.12.R.6 CPC is to prevent parties to go through unnecessary trial, if suit can be disposed of on the basis of pleadings as they stand...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Entitlement to part of rent by virtue of having 2/3rd share of plaintiff in suit property, is admitted by defendant himself - Said admission operates as an estoppel against defendant and he cannot be allowed to resile for it - Even tenant also admitted..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Money suit - Claim of share of rent by co-owner - Contention of defendant that Appellate Court cannot have impliedly declared title in money suit, has no basis in the face of admission made by defendant himself as regards entitlement of plaintiff to the extent of 2/3rd share of suit property -..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Unsuccessful divorce proceedings cannot adversely affect the maintainability of application filed under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22 -- Domestic violence - Maintenance - Husband contracted second marriage during subsistence of first marriage - Cruelty on wife stood established - Such act constitutes mental domestic violence - Wife held, entitled to seek maintenance under the Act...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Interim maintenance - Husband threw his wife and child out of matrimonial home after subjecting her to mental and physical cruelty - No evidence on record that wife was earning 6,600 p.m, as contended by husband - There is no need to prove that domestic violence report should be counter..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 2(f) -- Domestic relationship - Marriage annulled between parties - Even after passing decree of nullity of marriage, domestic relationship between parties for the purpose of the Act subsists out of their past joint living as legally wedded couple - Petition u/s 12 of the Act at the instance of wife after..........
