Punjab Tenancy Act, 1887, Section 77, Punjab Security of Land Tenures Act, 1953, Section 9 -- While seeking remedy under Punjab Tenancy Act - Landlord must satisfy that a tenant liable to be ejected from the premises on a ground different than that provided under provisions of Punjab Security of Land Tenures Act - For landlord to establish that protection provided to..........
Punjab Tenancy Act, 1887, Section 44(2) -- Tenant can show sufficient cause to Revenue Officer for not paying decretal amount in response to show-cause notice issued to tenant under Section 43 - Words 'order the ejectment of the tenant unless good cause is shown to the contrary' used in sub-section (2) of Section 44 - Clearly indicate that Revenue Officer can refuse to..........
Punjab Tenancy Act, 1887, Section 77, Punjab Security of Land Tenures Act, 1953, Section 9 -- Simply because a tenant did not pay the rent - No ejectment application can be filed against him under Punjab Security of Land Tenures Act - Only remedy available to a landlord - To file a suit for recovery of rent under Section 77 - Revenue Court can pass a decree against tenant..........
Punjab Tenancy Act, 1887, Section 76, 77 -- Section 76 provides for filing of application for initiation of proceedings before Revenue Officer for taking cognizance of any such dispute with respect to which no other Court shall take cognizance - Clause (c) of sub-section (1) of Section 76 provides for filing of application before Revenue Officer by a landlord under Section..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Schizophrenia is a mental-disorder which falls within the ambit of expression `mental disorder' as contained in Explanation (a) to Section 13(1) (iii) of the Act...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Section 25 of the Act regarding permanent alimony is applicable at the time of passing any decree or at any time subsequent thereto - The decree for divorce being passed in the present case, the appellant wife held entitled to the maintenance under Section 25 of the Act...........
Injunction -- Against Panchayat - Plaintiffs in long standing possession - Serious dispute as to title - Plaintiffs not rank trespassers - Cannot be dispossessed by force on the basis of unilateral decision taken by Panchayat or other Authorities - Move to dispossess plaintiffs forcibly - Such step ought not to be taken without observing due process of law - Minimum that..........
Evidence Act, 1872, Section 33 -- Statement of attesting witness of Will who had deposed before Assistant Collector in proceedings for mutation of Will not produced before Court and prayer made that his statement be read in evidence under Section 33 Evidence Act - Process server reported that attesting witness not traceable, witness of plaintiff also stated that attesting..........
Consumer Protection Act, 1986, Section 14(1),(d) -- Pleadings - Relief - Compensation - Neither the averments in the complaint so specific as to unfair trade practice and the offering of goods for sale hazardous to the life and safety of the public by the OPs' nor relief was asked for on this count - The material placed in the case point out in no uncertain terms the..........
Consumer Protection Act, 1986, Section 2(1),(r),(ii),&,(vi) -- Unfair trade practice - Pamphlet published by OPs' 1 and 2 making tall claims making it appear to the public that even diseases which would be controlled but not curable in the very nature of things are permanently curable by their treatment without any side effect at all - The treatment taken by the..........
