Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has trusted his counsel to manage the suit proceedings - However, he was not made aware of ex-parte decree by his previous counsel - It is only after the appointment of new counsel, defendant got to know about ex parte decree - Defendant acted bona fide and diligently -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Cannot be liberally interpreted, if negligence, inaction or lack of bona fides is attributed to the party...........
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...........
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...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 303(2), 329(3), 351(2) -- Anticipatory bail - Theft - Dispute involved is of civil nature which has been given criminal colour by complainant - Petitioners have bona fide intention and are willing to join investigation and cooperate for furtherance of same - Anticipatory bail..........
Agreement to sell -- Specific performance - Bona fide purchasers - Agreement in question was not executed by all the co-owners - Agreement to sell was incomplete and unenforceable against Defendant Nos.6 to 8, who held a majority share in the property - Enforcing such an agreement would be inequitable - All the co-owners of property transferred the suit property in favour..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 118 days in filing appeal - Delay occurred on account of counsel for applicant - Delay does not appear to be lack in bona fides or is due to gross negligence or deliberate inaction - Party ought not to suffer if counsel has been plagued with problems - Delay condoned being sufficiently and satisfactorily..........
Service -- Termination - Respondent took a long leave without allowance of 20 years - However, he had not resumed his duties immediately on the expiry of said leave period - Order of termination was passed by Vice Chancellor on the basis of inquiry report - No material at any stage has been brought on record to establish that any prima facie satisfaction was recorded..........
