Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(iv), 13(3)(a)(i) -- Ejectment sought on the twin grounds that tenanted premises have become unsafe and unfit for human habitation and that tenant cease to reside in the tenanted premises for the last 6-7 years - Rent Controller allowed eviction petition - Order of Rent Controller upheld by first..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i) -- Rent - Determination of - Municipal (House Tax Assessment) record - No presumption of correctness can be attached thereto - Only the witness who conducted the survey for the purpose of assessment of house tax can prove that record...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Mere exhibition of a document does not dispense with its mode of proof...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Prosecution not followed mandatory provision of S.13(2) of the Act - Prosecution not proved its case beyond reasonable doubt - Acquittal calls for no interference...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - To establish cruelty use of physical violence is not necessary - However, continued ill-treatment, cessation of marital intercourse, studied neglect, indifference of one spouse to the other may lead to an inference of cruelty...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - It is sufficient to show that conduct of one spouse is so abnormal and below the accepted norm that the other spouse could not reasonably be expected to put up with it - Conduct is no longer required to be so atrociously abominable which would cause a reasonable apprehension that it would be harmful or injurious to..........
Hindu Marriage Act, 1955, Section 13 -- Desertion - After amendment of Act by amending Act 68 of 1976 desertion per se is a ground for divorce - In order to prove desertion, the party alleging desertion must not only prove that the other spouse was living separately but also must prove that there is an animus deserendi on the part of the wife and the husband must prove..........
Hindu Marriage Act, 1955, Section 13 -- Cruelty - Definition of cruelty is not possible - In matrimonial relationship, cruelty means absence of mutual respect and understanding between the spouses which embitters the relationship and often leads to various outbursts of behaviour which can be termed as cruelty - Sometime cruelty in a matrimonial relationship may take the..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition filed by husband on ground of mental and physical cruelty - Wife using for mother in-law words like `Randi' and `Kulta' - Wife also used to sketch drawing and titled it as `Khadus Bhudiya' - Wife once came to the office of husband and insulted him in the presence of his colleagues - Held, husband entitled to decree..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Exparte divorce decree - Setting aside - Husband failed to appear in a bonafide belief on the commitment of wife before Panchayat to withdraw the divorce petition - Nothing on record to show that Panchayat was convened or any compromise was effected between the parties - Application..........
