Registration Act, 1908, Section 71, 23 -- Refusal to register document on the ground of limitation - Delay was purely attributable to continued restraint order passed by Court - Documents were presented for registration immediately after stay was vacated - Entire period available for petitioner to present the documents for registration excluding period of existence of..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - Plaintiffs had filed an earlier suit against defendants and suit was dismissed as barred u/s 69(2) of Partnership Act, since firm was unregistered - However, defendants in their written statement had specifically urged the plea that suit is not maintainable in view of S.69(2) of Partnership Act - An..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed - Ownership of suit property was already with defendant nos. 3 & 4 who claims to be bonafide purchasers at the time of filing of suit - Limitation to file suit expired - Defendant nos. 3 & 4 being bona fide purchasers cannot be put to loss or made to suffer because of lapses in functioning..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental Cruelty - Petition by wife - Husband whose anticipatory bail was dismissed on the ground that he could not make a demand draft of Rs.5 lacs and even today he has not taken any bonafide step to secure future of his son who is residing with wife, conclusion can be drawn that he does not want to spend a single..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate fact that father of plaintiff was not heard for last 25-30 years and it may be presumed that he is dead - However, application is bereft of any reasons as to why these averments were not made or a consequential relief was not sought when plaint was filed despite having..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 20 -- Order of release - Set aside by appellate Court - Bonafide need and default in rent - New plea cannot be permitted to be raised for the first time at the writ stage u/art 227 of Constitution since no such specific plea was taken by tenant in documents which were filed by him..........
Agreement to sell -- Specific performance - Plea of bonafide purchaser - Registered sale deed executed in favour of subsequent purchaser - However, sale deed does not indicate date and manner in which sale consideration was paid - Said sale deed does not make any reference to any of two alleged un-registered agreement to sell executed between vendor and subsequent..........
Insolvency and Bankruptcy Code, 2016, Section 7, 30(2), (4), 31(1) -- Resolution plan - Rejection of application for extension of time for approval - Resolution applicant seeking rectification of said order - Applicant sought extension for re-negotiation of its resolution plan in light of effect on the business due to COVID-19 pandemic - Conduct of applicant not bonafide..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Rent and eviction - Bonafide requirement - Plea of tenant is that tenanted premises is a residential flat situated in a cooperative group of housing society and cannot be put to any commercial use - Plea held, not tenable as this ground neither raised by tenant in leave to defend application nor was even urged before Rent..........
