Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Principle of utmost good faith imposes positive obligations of disclosure - In its practical application the principle permits either party to avoid contract altogether if it is established against other party either that: (1) there has been a failure by other party to disclose a material fact; or..........
Input Tax Credit -- Benefit of ITC is available to bona fide purchaser dealers who paid taxes in good faith to registered seller dealer even though selling dealer did not deposit collected tax with government...........
Auction sale -- Setting aside - Refund of money to auction purchaser - Auction purchaser entered the auction in good faith and deposited its hard earned money in the belief that law clothed the auction with legitimacy - Auction purchaser neither breached the covenant nor failed in diligence and did not seek to profit from the illegality - Restitution therefore becomes not..........
Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 36, 438, 442 -- Withdrawal of prosecution - Revision - High Court can amend order of trial court u/s 360 BNSS, if same is passed by Trial Court without independently considering all materials placed before it and without applying mind to assess whether application is moved in good faith, in interest of public policy and..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Any action taken in good faith by government employee in discharging of duties or performing their duties in good faith and intended to be done in pursuance of law then no suit, prosecution or any other legal proceeding shall lie against State Government or any officer of Government or any other..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Case cannot be withdrawn merely when government has issued a Government Order and public prosecutor should also apply his mind by mentioning in his application filed u/s 321 Cr.P.C. that he is satisfied that application has been made under good faith and in the interest of public policy and justice...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchasers - Suit for specific performance - Onus is on subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value...........
Specific Relief Act, 1963, Section 19(b), General Clauses Act, 1897, Section 3(2), Bharatiya Nyaya Sanhita, 2023, Section 2(11) -- Subsequent purchaser - Good faith - In order to come to a conclusion that an act was done in good faith it must have been done with due care and attention and there should not be any negligence or dishonesty - Each aspect is a complement to the..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Once it is proved or an inference can be drawn that it is a fraudulent transfer u/s 53 of the Act, then burden is heavy on the objector to prove that he is a bona fide purchaser for valid consideration in good faith...........
