Hindu Marriage Act, 1955, Section 1(2) -- Applicability of the Act - Domicile of India is a condition precedent for invoking the provisions of Hindu Marriage Act - Principles governing domicile are: (a) Domicile of origin i.e. by birth and domicile of choice i.e. residing in a country other than that of his domicile of origin with intention of continuing to reside there..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(b) -- Change of user - Premises let out for manufacturing trunks and patties - Lathe machine and welding set installed for manufacturing process - Mere installation of lath machine and welding set does not amount to change of user...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Earlier petition on the same ground dismissed - If there is change of user subsequently, fresh petition on the same ground is maintainable...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Change of user - Premises let out for residential purposes - Tenant started using the premises for storage of goods of shop - No articles of residential nature such as cots, utensils, luggage etc. found in premises by Local Commissioner - No family member of the tenant were there - Held, it amounts to change of..........
Evidence Act, 1872, Section 116, Punjab Village Common Lands (Regulation) Act, 1961, Section 11 -- Tenant or a person claiming through such tenant cannot deny title of landlord - A tenant cannot be permitted to change the nature of his possession - Person entering as a lessee of the Panchayat by way of a resolution, paying rent as per entries in the revenue record and..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Permissible if there is change in fact situation or in law which requires the earlier view being interfered with or where the earlier finding has become obsolete - This is the limited area in which an accused who has been denied bail earlier, can move a subsequent application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Precedent - Decision given by a superior forum is binding on the subordinate fora on the same issue even in bail matters unless of course, there is a material change in the fact situation calling for a different view being taken...........
Matrimonial home -- Wife on marriage shifted into the home of his husband - House owned by parents of husband - As relations deteriorated as such petitioner and her husband shifted to second floor of the house which became their matrimonial home - However on further deterioration of relations and on becoming difficult for her to stay in matrimonial home she shifted to her..........
Civil Procedure Code, 1908, Section 152, Order 34 -- Amendment of decree - Application for change of the simple money decree into a decree under Order 34 of the Code - The tenor of the impugned judgment does not show that there was any intention of the Court to pass a decree under Order 34 of the Code - Merely because the mortgaged property is situated at Chandigarh does..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Agreement to sell - Suit for permanent injunction - By amendment of plaint suit allowed to be converted to be one for specific performance - However, due to negligence/inadvertence, necessary pleading that plaintiff was ready and wiling to perform his part of contract omitted - Second amendment sought for..........
