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KERALA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Order 37, Rule 3, 4, Civil Procedure Code, 1908, Order 9, Rule 13 -- Summary suit - Exparte decree after filing of written statement - Remedy is to apply to set aside exparte decree U.O.9.R.13 and not U.O.37.R.4 CPC...........

KERALA HIGH COURT

Year of decision: 2007
Details

Civil Procedure Code, 1908, Section 115, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Exparte decree - Dismissal of application to set aside exparte decree - Remedy available is to file appeal and not revision...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Cease to occupy - Shop remained closed without any reasonable cause for more than 4 months and there was no electricity consumption - Tenant liable to eviction...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Desire or bonafide need - Landlord separated from his family by way of oral family partition and as per family settlement landlord was also paid money - Landlord idle and not doing any work, whereas earlier he was in service - Need of landlord of shop to start business is..........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Persistent denial of physical relationship - Tantamount to an act of cruelty...........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Irretrievable break down of marriage - Wife wanted her husband to leave his parents and live separately - Other proposal of wife was that husband should permanently stay at the in-laws place and to live there as a 'Ghar Javai' - Husband could not leave his aged parents who were financially dependent upon him - Demands of..........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Hindu Marriage Act, 1955, Section 12(1)(b), 13 -- Divorce - Petition by husband on ground that wife is suffering from some mental disorder - Mental disorder of wife not to such extent which would render normal marital life impossible - Decree of divorce refused...........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband on ground that wife is suffering from some disease which was curable - Husband lived with wife for five months even after coming to know of disease and cohabited - Decree of divorce refused...........

RAJASTHAN HIGH COURT

Year of decision: 2007
Details

Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Acquittal in a criminal case instituted by wife - Leave to appeal subjudice in High Court as such it cannot be held that frivolous case was registered by wife - Husband harassed wife and abandoned her - Husband cannot be allowed to take advantage of his own wrong and claim divorce on the ground of..........

MADRAS HIGH COURT

Year of decision: 2007
Details

Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Unsound mind - Petitioner has to establish that unsoundness of mind of respondent is incurable or her mental disorder is of such a kind and to such an extent that petitioner cannot reasonably be expected to live with her - Wife had only psychiatric disturbance immediately after her marriage for a short spell -..........

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