Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with reference to boundaries of property - Prima facie issue for consideration in suit is whether suit property is a joint family property and whether claim of plaintiffs that suit property has fallen to their share is valid - It is not a case of boundary dispute - It cannot be said that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Landlord is best judge of his needs - Tenant cannot dictate his terms with regard to suitability of accommodation - Requirement has to been from perspective of landlord and not from that of tenant...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Landlord is 74 years of age, not keeping good health and has failing eye sight - No ground for judging bonafides of landlord, especially when landlord has already shown his intention and purpose of starting business which is not required to be proved - Eviction..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ia) -- Rent and eviction - Bonafide requirement - Merely because sons of landlord are settled in USA and doing well is no ground to doubt bonafides of landlord...........
Railways Act, 1989, Section 123(c), 124A -- Compensation - Statement of appellant which was recorded immediately after incident and he has stated that while trying to board train, he lost grip and fell down and received injuries - Held that appellant was bonafide passaged and it is an untoward incident - Compensation awarded Rs.2,40,000/-...........
Constitution of India, 1950, Article 371F(k), Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide requirement - Requirement of husband and wife cannot be bifurcated on grounds of financial independence...........
Constitution of India, 1950, Article 371F(k), Gangtok Rent Control and Eviction Act, 1956, Section 4 -- Rent and eviction - Bonafide requirement - Landlord and his wife retired from their government services and they require premises for the purpose of selling computer spare parts and accessories to augment their income to medical education of their daughter and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action - Amendment sought to incorporate Para regarding cause of action in original plaint, which was not mentioned due to bonafide mistake and accidental slip - Application for amendment moved by plaintiff seems to introduce new facts - Plaintiff wants to rectify faults and fill up gap in his..........
Contempt of Courts Act, 1971, Section 2(c)(i), 12 -- Criminal contempt - Apology - Not to be rejected merely on the ground that it is qualified or tendered at a belated stage, if accused makes it bonafide...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3)(c) -- Eviction - Bonafide requirement of premises for re-construction - Eviction sought for raising construction of first floor as it is not possible to raise construction of first floor on the existing structure - Reconstruction is for making provision for additional accommodation - No prejudice is likely to be..........
