Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Living separately for one year before presentation of petition for divorce by mutual consent cannot be waived under S.14 Proviso - It is a mandatory requirement of the provision...........
Hindu Marriage Act, 1955, Section 13B, 14 -- Divorce by mutual consent - Proviso of S.14 which provides for the presentation of petition even before the lapse of a period of one year cannot be read into the provision of S.13-B(1) and both are independent of each other...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mandatory requirements of the provision are : (a) they have been living separately for a period of one year or more, (b) that they have not been able to live together (c) that they have mutually agreed that the marriage should be dissolved - Once these three conditions are satisfied then only the Court..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Leave to defend - NRI landlord sought eviction of tenants from six shops on ground of bonafide requirement - Four shops lying vacant with landlord - Held, landlord ought to have broadly stated as to what kind of business he intended to start - He ought to state whether four shops, which are lying vacant, are not..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Bonafide requirement - NRI landlord sought eviction of tenant from demised premises by availing remedy of summary eviction - Petitioner contended that when eviction of tenant has already been ordered, landlord cannot avail remedy of summary eviction u/s 13-B of the Act - Held, if there are more than one tenant in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord seek eviction of tenant on ground of bonafide requirement - Premises let out by landlord and his attorney - Tenant denied relationship of landlord and tenant and took further objection that attorney through whom eviction application filed could not state about the bonafide requirement of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord sought eviction of tenant on the ground of personal necessity - Tenant contended that landlord was in possession of other shops as well in the vicinity out of which four shops were lying vacant and consequently, the need of landlord, could not be said to genuine - Contention of tenant held..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B(1) -- Proviso - Bonafide requirement - NRI landlord - One building in possession of various tenants - Possession got of one shop by filing eviction petition u/s 13-B of the Act - Right of summary proceedings cannot be said to be exercised only in respect of one of the said units - Room in a building cannot be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i), 13B -- NRI landlord - Eviction petition on ground of bona fide requirement u/s 13(3)(a)(i) of the Act - During pendency of eviction petition S.13-B came into force - Landlord filed fresh petition u/s S.13-B of the Act - Held, rights given to NRI landlord u/s 13-B of the Act are special rights to get vacant..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 2(dd) -- NRI landlord - Eviction petition on ground of bona fide requirement - Landlord was in service in Kuwait - He retired from service on 30.06.1999 - Landlord visited India 2-3 times and then again went to Canada and staying there with his family - Landlord sought eviction on ground of bona fide necessity u/s..........
