East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Eviction sought after retirement to start own business - Landlord thereafter started practice as an Advocate - Landlord may not have envisaged that instead of starting his business he may join legal profession - No contradiction in pleadings - Eviction petition cannot be rejected...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Depriving husband to cohabitate - Denial of sexual activity in marriage has an extremely unfavourable influence on the mind and part of the person concerned and leads to depression and frustrations - To force a husband to a sexless life dangers physical as well as mental health and all this is nothing but cruelty...........
Hindu Marriage Act, 1955, Section 13 -- Mental cruelty - Mental cruelty is a state of mind and feeling with one of the spouses due to the behaviour or behavioural pattern by the other - Mental cruelty is difficult to be established by direct evidence - It is a matter of inference to be drawn from facts and circumstances of the case - Inference has to be drawn from the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Two essential conditions must be there for the offence of desertion to be completed - The facutm of separation and intention to bring cohabitation permanently to an end (animus deserendi)...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Wife taking contradictory stands - Shows that she has no legs to stand - An inevitable inference can be drawn that husband was being deserted by the wife without any reasonable cause...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Wife leading evidence on a point which was not pleaded in her written statement - Proof which is beyond pleadings cannot be taken into consideration and hence rejected...........
Hindu Marriage Act, 1955, Section 12, 13 -- Joint petition u/s 12 & 13 of the Act - No bar in claiming relief in alternative under two provisions of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13, 12 -- Divorce petition - Plaintiff seeking amendment of plaint to seek relief u/s 12 of the Act for annulment of marriage as his consent was obtained by fraud - Amendment sought within one year of knowledge of fraud - Held, amendment sought is not barred u/s 12 of the Act...........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197, 190 -- Corruption case - Sanction for prosecution - Prosecution of public servant in a corruption case - Sufficient evidence found against accused during investigation by police - Competent Authority declined to accord sanction for prosecution - Police submitted cancellation..........
Prevention of Corruption Act, 1988, Section 7, 13, 15, Criminal Procedure Code, 1973, Section 197 -- - Corruption case - Sanction for prosecution - Prosecution of public servant in a corruption case - Sanctioning Authority has absolute discretion to grant or not to grant sanction...........
