Loan agreement -- Default in re-payment of loan amount - Settlement - Dispute regarding demand made under settlement - High Court erroneously quashed demand on the ground that whole issue was settled with consent and no objection was raised by Corporation/appellant - New dispute arisen out of terms of settlement, hence it had to be settled on its own merits in accordance..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Material impairment of the value and utility of plot - Plot given on rent for selling fodder by weighing with manual `kanda' - Tenant got installed weigh bridge without written consent of landlord - Plea of tenant that value of building has been enhanced due to commercial use of property - Plea..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Petition filed under wrong provision of law - Husband filed reply to the divorce petition and stated that he has no objection if divorce petition is accepted - Court dismissed divorce petition by holding that matter is being contested by both the parties in a collusive manner to obtain decree of divorce..........
Indian Penal Code, 1860, Section 376 -- Lack of any resistance or absence of injury on the body of victim - No consequence vis-a-vis the issue of consent...........
Indian Penal Code, 1860, Section 376 -- Rape - Absence of injury on the body of victim - Cannot lead to conclusion that she had given her consent and indicates that she did not put up resistance...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Rape - Consent - Presumption - Victim categorically denied consent for sexual intercourse - Provisions of S.114-A Evidence Act stands applicable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Both parties gave up their rights to claim maintenance against each other in a consent decree - An agreement, in which wife gives up or relinquishes her right to claim maintenance at any time in the future, is opposed to public policy - Such an agreement, even if voluntarily entered, is not enforceable - Same does..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5 -- Admissibility of document - Xerox copy of document - Cannot be accepted unless both sides have admitted the same and such document is brought on record with consent of both the parties without any objection having been raised, as if a document is to be relied upon for grant of decree then same has to be brought on..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - At the time of second motion there was consent of wife but wife remained absent for three dates thereafter - Held, there was compliance of S.13-B of the Act - Decree of divorce by mutual consent, upheld...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Principles governing : (a) For a decree of divorce to be granted u/s 13-B of the Act consent of parties must be a continuous consent and must subsist till the date of decree; (b) Consent cannot be presumed by the court if one of the parties remain absent from the proceedings on one or more occasions; (c)..........
