Prevention of Corruption Act, 1988, Section 13(1)(e) -- Prosecution - Withdrawal by Public Prosecutor - Court found application moved in good faith and bona fide and allowed the same - I.O. filed revision that there was sufficient evidence against the accused - Role of I.O. ended on completion of investigation - It seems that I.O. had some bias against accused - Revision..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Hindu Marriage Act, 1955, Section 13(1) -- 'Agreement to live separately' - Does not operate as decree of divorce dissolving marriage - Wife living separately under such agreement is entitled to claim maintenance from husband from date of institution of suit for maintenance...........
Consumer Protection Act, 1986, Section 2(1),(f),13 -- Defective cloth - Non joinder of manufacturer - The appellant/OP is the dealer of the cloth from whom cloth purchased by the complaint and not from manufacturer - The appellant has his own remedy of seeking compensation for the cloth from the manufacturer of the cloth of whom he is dealer - Plea of non joinder of..........
Consumer Protection Act, 1986, Section 13 -- Ex parte order - Proceedings under the Act are time bound proceedings - Unless there are cogent reasons for non appearance by the OP before the Fora, the appellant cannot take advantage of his own absence...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Divorce - Cruelty must be of such a type which will satisfy the conscience of the Court that the relationship between the parties has deteriorated to such an extent that it has become impossible for them to live together without mental agony...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - In reply to notice wife made false and wild allegations as to character of husband and also against his other family members so as to injure the reputation - Amounts to cruelty...........
Haryana Municipal Act, 1973, Section 13 -- A(1)(c) Proviso as inserted by Haryana Act 3 of 1994 and amended by Haryana Act 15 of 1994 - Disqualification of having more than 2 children - Relevant date for determining disqualification - 5.4.1995 and not 4.10.1995 i.e. one year after coming into force of Haryana Act 3 of 1994 (5.4.1994) and not one year from date of coming..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rate of rent - Landlord claiming it to be Rs.300/- p.m. whereas tenant claiming it to be Rs.150/- p.m. - From the evidence led by landlord Rent Controller as well as Appellate Authority found that landlord had failed to prove that the rate of rent is Rs.300/- - In the House Tax Assessment Register rent mentioned..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent claimed from March, 1976 to 30.11.1981 - - Landlord found to be a liar in respect of rate of rent - It is not possible to believe that landlord would wait for 5-1/2 years for filing ejectment petition on ground of non-payment of rent - In such a situation evidence led by tenant that he had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a), 15(5) -- Eviction petition on ground of bona fide need for residential purpose - Decreed by Rent Controller - Upheld by Appellate Authority - High Court in revision upset and reversed it taking into account subsequent events and arrived at a different opinion - Held, High Court was not right in its approach -..........
