Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Non-receipt of notice - Condonation of delay - Merely because instead of word `Secretary' word `Manager' had been written on the address which was otherwise complete - It would not be sufficient to hold that no, applicant college was not served, more particularly when the notices sent by..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Misconduct - Public servant demanding bribe is or is not in a position to help bribe giver, he may in fact have misled the victim to believe that he could fully well do the work - Misconduct by a public servant need not necessarily be in connection with his official duty - Criminal misconduct is made out if a public..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife filing criminal complaint against her husband & in laws alleging dowry harassment - No evidence to prove that complaint was false - It will not be taken as proof of cruelty or harassment on her part - Petition filed by husband dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Attempt to commit suicide by wife - Mere admission by wife that she made an attempt to commit suicide and was saved by her parents, itself will not be enough to come to conclusion that she was guilty of committing cruelty on her husband - Divorce petition dismissed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Husband seeking divorce on ground that his wife became suspicious and was giving sexual tortures - But, what was the nature of suspicion and in what aspects wife suspected him, was not stated either in petition or in his proof affidavit - There were only bald statements without necessary particulars & proof..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Contention of tenant that for filing petition u/s.13A of the Act landlord was required to be owner of premises for at least one year - Held, since no such words used by legislature u/s.13-A of the Act, therefore, Court cannot take upon itself work of legislature and traverse beyond its own scope of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Transfer deed executed between landlord and his wife has been challenged to be a mala fide document by tenant - Tenant has not disputed validity of sale deed executed in favour of wife of landlord by its previous owners - Said transfer deed is registered and valid rights have been transferred as..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction - Personal necessity - Alternative accommodation - Tenant's contention that first and second floor of demised premises are vacant and therefore, sufficient for landlord - Held, tenant is no one to dictate terms to landlord - Landlord is best judge of his own requirement - If after retirement landlord..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion introduced by way of amendment of petition - Amendment will not relate back to the date of filing of petition - Ground of desertion will become available from the date of grant of amendment...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Ground of desertion introduced by way of amendment of petition - Amendment allowed on 19.10.1996 - Desertion has to be proved from 19.10.1994 onwards and that it was without reasonable cause and without consent or against wish...........
