Hindu Marriage Act, 1955, Section 13 -- Divorce - Non compliance of a decree for restitution of conjugal rights by wife - Nothing on record to show that wife was ever willing to live with the husband or that she was driven away by the husband - No reasonable execuse for wife not to return to matrimonial home - Decree of divorce in favour of husband affirmed - Permanent..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 7, 13(2) r, w, 13(1)(d> -- Bail during pendency of appeal - Appeal against conviction - Accused sentenced to 2 years RI u/s 7 and 3 years RI u/s 13(2) of Prevention of Corruption Act - Held, where sentence is less or upto three years, the Court should ordinarily grant bail in view of..........
Cantonment Act, 2006, Section 28, 29, Cantonment Electoral Rules, 2007, Rule 13(3) -- Electoral roll - Objections to inclusion of names of petitioner - In instant case objection raised by respondent was not counter signed by any other person as per statutory mandate of R.13(3) of Rules - Therefore, such objection rejected as per R.13(7) of Rules...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - 'For his own use' - Includes family members of the landlord who are dependent on the landlord or on whom the landlord is dependent...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Tenant is nobody to dictate his terms to the landlord in the matter of bona fide requirement and only relevant factor showing bona fide requirement should be the deciding factor - Even the financial capacity of a landlord to start business is irrelevant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bonafide requirement - Landlords son doing practice in Medical profession in Panchkula in a residential house - Landlords daughter-in-law a doctor in Govt. service - Landlord filed eviction petition from shop-cum-flat at Chandigarh so that his son and daughter-in-law could practice there -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii), Arbitration and Conciliation Act, 1996, Section 8 -- Sub-letting - Arbitration clause in lease deed - Eviction petition cannot be referred to Arbitrator - Where there is a special legislation, it has to prevail - Whenever any special enactment is made governing the right of different parties, this is bound to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting side - Case transferred from High Court to Additional District Sessions Judge - Three out of four defendants represented by counsel who was given notice - Notice of transfer not given to fourth defendant - Ex parte decree passed against fourth defendant set aside - It is not duty of counsel for three..........
Consumer Protection Act, 1986, Section 2(1)(g) , 3, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) , 13(13) -- Housing - Flat allotment - Possession not given - Bank loan - Default in payment - Petitioner bank took possession of the mortgaged property and sold it and the sale proceeds adjusted against the..........
Consumer Protection Act, 1986, Section 13 -- Practice and procedure - State Commission comparing the signature of the appellant as appearing on the agreement with the admitted signature available in his pleadings and Vakalatnama - Nothing illegal - A Consumer Commission need not always be bound by strict rules of pleadings - Procedure before Consumer Fora is inquisitorial..........
