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CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated – Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits – After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

Tender – A bid document has to be read as a whole and interpretation has to be based on common trade practices – Responsibility to make the site “available” prima facie has to be construed as “available” for work. PLRonline 437650

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Family Law

Adoption

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Family Law

Changing perception of cruelty in matrimonial cases – We, the Judges and lawyers, therefore, should not import our own notions of life.

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Family Law

Judging cruelty in matrimonial cases.

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Hindu Marriage Act, 1955

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

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Home Category Family Law Hindu Marriage Act, 1955

Hindu Marriage Act, 1955

Family Law

HMA S. 13B(2) – Statutory period – Waiver of

by PLRonline

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Hindu Marriage Act, 1955,Section 13B(2) - Statutory period - Waiver of - Where the Court dealing with a matter is...

COI Art. 227 – Revision – Scope of interference is limited.

Family Law

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

by PLRonline

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Ground for desertion upon which the petition for dissolution of marriage was filed does not require that the petitioner must...

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

Family Law

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

by PLRonline

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In its essence, desertion means the intentional permanent forsaking and abandonment of one spouse by the other without other's consent...

Family Law

Hindu Marriage Act, S.13(1)(b) – Desertion is a matter of inference to be drawn from the facts and circumstances of the case.

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HMA S. 13(1)(b) Held that desertion is a matter of inference to be drawn from the facts and circumstances of...

Family Law

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

by PLRonline

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Hindu Marriage Act, 1955 (25 of 1955), Section 13-B - Where the Court dealing with a matter is satisfied that...

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CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated – Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits – After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

Tender – A bid document has to be read as a whole and interpretation has to be based on common trade practices – Responsibility to make the site “available” prima facie has to be construed as “available” for work. PLRonline 437650

Adoption

Changing perception of cruelty in matrimonial cases – We, the Judges and lawyers, therefore, should not import our own notions of life.

Judging cruelty in matrimonial cases.

Hindu Marriage Act S. 13B(2) – Consent withdrawn – divorce was granted

Hindu Marriage Act, 1955

HMA S. 13B(2) – Statutory period – Waiver of

HMA S. 13(1)(b) – Grounds for desertion – Standard of proof

HMA S. 13(1)(b) – desertion means the intentional permanent forsaking and abandonment

Hindu Marriage Act, S.13(1)(b) – Desertion is a matter of inference to be drawn from the facts and circumstances of the case.

Hindu Marriage Act, S. 13-B – Waiver of statutory period of 6 months

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