Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can be presumed that marriage has broken down...........
Criminal Procedure Code, 1973, Section 482 -- Permission to travel abroad - Default by borrower - Issuance of Look Out Circular - Merely looking at quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by borrower/guarantor - More so when no criminal case alleging fraud has even been filed against borrower/guarantor - Suspicion cannot..........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Once parties have separated and separation has continued for a sufficient length of time and anyone of them presented a petition for divorce, it can well be presumed that marriage has broken down...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Applicant contended that his earlier counsel could not effectively cross-examine PWs - Incompetency of a Lawyer engaged by applicant cannot be presumed by Court - Applicant had engaged a Lawyer of his choice - If applicant is of the view that his Lawyer had deliberately not put certain questions thereby..........
Partnership Act, 1932, Section 30(5) -- Partnership firm - Minor partner on attaining majority, has to elect to continue or not to continue as a partner, within six months of attaining majority and in case he fails to give such notice then he shall be presumed to continue to be a partner...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - If husband keeps another lady, gives shelter to her and proceeds to have child with said lady and for that reason if first wife has to leave matrimonial home because of physical and mental torture meted out to her it cannot be presumed as a desertion on part of wife...........
Evidence Act, 1872, Section 108 -- Presumption as to death - Husband of petitioner missing in 2011 and he has not been heard for more than 7 years - He shall be presumed to have been dead - Directions issued to respondent to consider the application of Legal heirship certificate of petitioners...........
Rent and Eviction -- Joint tenants - Partition of tenancy rights - Commercial property - Death of original tenant - One of the joint tenants in actual and exclusive possession and he during pendency of case surrendered tenancy rights and he also handed over the possession of property to landlord who let it out to appellant and at present appellant is in possession of..........
