Mitakshara Law -- Co-parcenary property - Alienation by Karta without legal necessity - Onus was on alienee/respondent to prove that there was a legal necessity or benefit to estate or she had made bonafide enquiries - Respondent completely failed to discharge said burden - More so, sale deeds were without any consideration - Sale deeds in favour of respondents set aside -..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, Hindu Marriage Act, 1955, Section 13(1), Family Courts Act, 1984, Section 7(1)(g) -- Suit for divorce - Dismissal in default - Application for restoration - Parallel proceeding of child custody still pending, judgment is not pronounced therefore bonafide belief of petitioner cannot be unnoticed - Parties must be given a fair..........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Presumption shall always be in favour of bonafide of a transaction and it requires strong contrary evidence to tilt probability in favour of one who alleges fraud...........
Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide need - Evidence on record reveals that landlord has no other business except business of one small tea shop and his family is entirely dependent on income generated from this business - Moreover, landlord`s medical condition would undoubtedly entail higher expenditure - Landlord requires..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction order - Bonafide necessity - Plea of tenant that conduct of landlord in purchasing this property with intention to sell the same to the owner of adjoining property has no merit or reflect malafide on the part of landlord - Moreover, it is evident that first floor of property was sold as landlord..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(f) -- Rent and eviction - Bonafide need - Plea of landlord, he cannot start his business of dry-fruits in the market `S' as said market is mainly a market of cloth business - As landlord is best judge to decide as to which place is suitable for his business, therefore, tenant cannot insist that landlord can..........
Public Premises (Eviction of Unauthorised Occupants) Rules, 1971, Rule 5(2) -- Eviction petition - Public premises - Where there is a bonafide dispute raised regarding property in question, it would be best left for concerned civil suit to decide same issue - State is left free to take up civil proceedings if it is so decides for eviction or for ownership and declaration..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Once opportunity to cross-examine complainant and his witnesses has been closed by order of the Court, after granting so many opportunities, then moving application u/s 311 Cr.P.C. by any means, cannot be taken as any bonafide exercise on part of the party filing application u/s 311 Cr.P.C...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Rent and eviction - Bonafide requirement - Alternate building - Landlord working in USA and desire to come back to India - However, subsequently landlord acquired another building 9 km away from scheduled building - But said area does not have as many amenities as compared to locality where scheduled..........
Delhi Rent Control Act, 1958, Section 14 -- Rent and eviction - Bonafide requirement - Leave to defend - Landlord does not occupy any other commercial premises except premises in dispute - Trial Court dismissed application for leave to defend considering if shop is made available to landlord on front road then it can be used in a better manner by joining it with back..........
