Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Suppression of fact that wife was suffering from epilepsy before marriage - Wife suffering from epilepsy since her childhood - Even if it is established that wife is suffering from epilepsy, it is not a ground for granting decree for dissolution of marriage - Divorce petition rightly dismissed...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Plea of wilful suppression of fact - In terms of S.13(3) of the Act, landlady was obliged to disclose the fact of being in actual possession of any other similar premises within Municipal Limits - However, admittedly no such premises was in her own occupation - Plea of..........
Service -- Termination - Suppression of material facts - In appointment application form question was asked from candidate `have you ever been convicted for any criminal offence involving moral turpitude' - Petitioner answered `No' - On verification it was found that petitioner was named in FIR and in which cancellation report had been filed by police - Petitioner..........
Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, Rule 3, 9 -- Determination of value of imported goods - Suppression of value of embedded software - Out of 19 items indicated in Bill of Entry, only 8 item were physically present while rest were already embedded in main unit - Software that was embedded through cards in main unit was not any post..........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Fraud - Suppression of earlier marriage by wife - Petition filed by husband after gap of one year from alleged date of fraud - In view of limitation provided u/s 12(2) of the Act petition is not maintainable - Application rightly dismissed...........
Hindu Marriage Act, 1955, Section 11, 12 -- Annulment of marriage - Suppression of earlier marriage by wife - Husband aware about earlier marriage of wife - Son born out of marriage of appellant and respondent - Even husband had knowledge about customary divorce taken place between wife and her earlier husband at the time of his marriage with wife - Husband thus, cannot..........
Hindu Marriage Act, 1955, Section 12, 23 -- Annulment of marriage - Suppression of earlier marriage by wife - Evidence on record shows that wife had given knowledge about alleged divorce between her and her first husband to present husband prior to marriage - Though wife failed to prove customary divorce between wife and her previous husband but from evidence regarding..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Before commencement of trial - Relief of specific performance sought by way of amendment in the suit for permanent injunction - Pleadings necessary in suit for specific performance have been taken to some extent in original plaint and further pleadings are now sought to be added - It cannot be said that..........
Agreement to sell -- Suits for specific performance - Maintainability - Suppression of material facts - Suits are at the stage of framing of issues - Proceedings before Tehsildar and revenue authorities are alleged to be concealed by plaintiff - Though, proceedings before Tehsildar and revenue authorities ought to have been disclosed by plaintiff, as same may have bearing..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Suppression of first marriage by wife - Petitioner obtained decree of divorce from her former husband - Said fact categorically disclosed to complainant/husband and his family members - Complainant without even whisper about this allegation filed divorce petition and after a period of one year from said divorce..........
