Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sex to a spouse itself amounts to causing mental cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Denial of sex by wife - Wife did not permit husband to have bodily relations for a long period of more than 4 years, despite living under same roof - Wife was not suffering from any physical disability - Said fact is not specifically denied by wife in her written statement - Mental cruelty thus,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Denial of relief of mandatory injunction - Based on pure findings of fact and therefore not open to challenge in second appeal - More particularly, when this question has not been agitated before lower appellate Court, same is not open to challenge before this Court...........
Hindu Marriage Act, 1955, Section 13(1))ia) -- Divorce - Mental cruelty - Petition by husband - Various instances of cruelty given by husband - There is no evidence from wife's side to rebut or repudiate the serious allegations against her - Rather, wife not preferred to examine herself despite numerous opportunities being given to her by Family Court - Mere denial in..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - If an allegation made in the plaint is not specifically denied in written statement, then it is treated as admitted...........
Prevention of Corruption Act, 1988, Section 13(2) -- Offence u/s 13(2) of the Act - S.13(2) of the Act is the penal provision for the misconducts specifically mentioned u/ss 13(1)(a), 13(1)(b), 13(1)(c), 13(1)(d) and 13(1)(e) and in S.13(1)(d) of the Act instance of separate misconducts are shown - Nature of misconduct committed ought to be revealed in the final report -..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Eviction suit - Striking off defence - Denial of existence of landlord and tenant relationship by tenant - Tenant may not be required to deposit amount admitted to be due at or before first hearing of suit but he would still be required to deposit monthly amount due within a week from the date of its accrual throughout the..........
Rent and eviction -- Denial of title of landlord by tenant - Tenant denied title of landlord because of pendency of civil suit between landlord and one other person, which was filed by landlord himself - Fact that tenant immediately rushed towards Rent Controller for depositing rent after receiving notice from landlord, was indicative of bona fide of tenant - Plea taken by..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Circumstantial evidence - Deceased found dead with cut injury in her neck inside room of accused - Accused failed to give any explanation regarding cause of death of deceased - Evidence of family members of accused and deceased stated in one voice that deceased hacked to death by accused with dao - Mere..........
Evidence Act, 1872, Section 116 -- Estoppel - Denial of landlord's title - Eviction suit - Tenant in his written statement though denied ownership of landlord but in his cross-examination admitted title of landlord - He further admitted that he used to pay rent in the name of father of landlord - Tenant without any doubt regarded plaintiffs/landlord as owners of suit..........
