Hindu Marriage Act, 1955, Section 9, 10, 13, 21A, Civil Procedure Code, 1908, Section 151 -- Cross petitions under Hindu Marriage Act - Should be consolidated as early as possible - Two matters cannot be decided separately - No reason to multiply the proceedings...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Not a ground for grant of divorce...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Cruelty - Launching of criminal cases - Held, when one spouse launches criminal case against other spouse and his family members then merely because of that fact and in isolation to other facts it cannot be held that mere launching of criminal case by one party to the litigation amounts to cruelty against the accused of..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Must be conscious and if desertion is because of the guilty person then that guilty person cannot take benefit of his own wrong...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion - Respondent failed to show any just cause for deserting the appellant - Trial Court committed error of law by not granting decree of divorce...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - It is no part of Court's duty to examine whether the business to be set up would be successful or not in the tenanted premises - Choice of premises, the nature or the extent thereof rest solely with a landlord...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Landlord can seek eviction of a tenant on ground of bonafide requirement to set up own business without residing 'permanently' in the urban area concerned - A landlord may reside any where in India or in the world and still run a successful business,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Solitary statement of landlord - Eviction on the basis thereof without any corroboration - Held, it is the quality and not the quantity of evidence that is the basis for a judicial finding...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - Failure to disclose nature of business - Nature of business to be set up by the landlord, his financial wherewithal, may in a given circumstance, be a ground to hold against a landlord - In the present case tenant failed to establish any fact or..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Shop - Bonafide requirement to set up own business - One tenant in the front portion and the second in the rear portion - Eviction sought of tenant in the rear portion - Contention that rear portion not suitable for landlord - Held, as tenant himself is managing a successful business in the rear portion..........
