Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife leveled false allegations against husband of having illicit relations with his bhabhi, which caused great mental agony to husband - Divorce rightly granted to husband...........
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..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of case - Plea that same will be inconvenient to the power of attorney holder of husband - Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought by wife - In the instant case taking note of convenience of wife, transfer petition allowed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Hindu Marriage Act, 1955, Section 9 -- Restoration of restoration application - Delay in filing application - Application dismissed as no condonation of delay application filed - Provision of O.9.R.9 CPC is a benevolent provision, which provides for a remedy to persons, who are prevented by sufficient cause from appearing in..........
Criminal Procedure Code, 1973, Section 125, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Maintenance to divorced Muslim wife - Law as to: (i) husband cannot be fastened with liability to continue to pay maintenance u/s 125 Cr.P.C till wife invokes S.3 of 1986 Act if he is prepared to discharge his liability under said provision; (ii) husband is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material impairment of value and utility of building - Removal of such impairment after filing of eviction petition - Once acts of tenant puts ownership of landlord at peril, such acts or omission do fall within expression impair materially the value and utility of building - Eviction order..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Eviction petition - Merely because a previous eviction petition on one of grounds is pending, second petition cannot be said to be barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - Where previous judgment filed by previous owner on the same ground has not been brought on record, in absence thereof it would not be appropriate to return a finding on question of res judicata...........
Civil Procedure Code, 1908, Section 115 -- (Orissa Amendment), O.7.R.11 - Revision - Rejection of plaint - When a revisional Court rejects a plaint, in substance, an application filed U.O.7.R.11 CPC is being allowed - Under such circumstances, remedy by way of a writ petition u/art 227 of Constitution could be availed - Although if plaint had been rejected by trial Court,..........
