Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Sufficient cause - Should receive liberal construction so as to advance substantial justice when no negligence or inaction or want of bonafide is imputed to a party - In the instant case application filed within 30 days after coming to know that suit has been dismissed for non appearance - For the delay..........
Hindu Law -- Joint family property - Partition - Merely because father of joint family retains a larger share coupled with liabilities, it cannot be said that partition is not bonafide as he has got about four daughters to be married...........
Civil Procedure Code, 1908, Order 37, Rule 1(3) -- Summary suit - Bonafide defence - Defendant had taken loan from plaintiff and issued various cheques - If according to defendant his account was conduit and said agreements were made only as a comfort to the plaintiff, the defendant could have placed the same on record in writing or could have terminated the same in an..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Scope of power - Held, power of seeking withdrawal of prosecution is essentially an executive function - After receipt of request from executive Special Public Prosecutor is required to apply his mind and then decide as to whether the case is fit to be withdrawn from prosecution or not and the..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of Arbitrator - Bonafide disputes between parties - Within the scope of arbitration clause - Held, dispute be resolved through arbitration...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Bona fide requirement - Ejectment petition filed five years ago - Contention of petitioner/tenant that respondent No.1/landlord has since started practice as advocate and, therefore, ejectment of tenant from demised shop on ground of bonafide requirement of landlord for running jewellery..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 - - Eviction - Bona fide requirement - Proof - Evidence on record shows that father of landlord is running jewellery shop in rented shop - Tenant also admitted in witness box that landlord has experience in business of jewellery - Held, bonafide requirement of landlord for running business of jewellery..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Appeal - On account of legal advice appellant was prevented from filing the appeal in time - Held, explanation for the same is reasonable and bonafide - That differing legal advice could be a sufficient cause, in a given case and Appellant's conduct otherwise bonafide - Delay in filing the first appeal condoned with..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Government or a wing of the Government - In absence of plausible and acceptable explanation delay not to be condoned mechanically merely because the Government or a wing of the Government is a party to the lis - It is the right time to inform all the Government bodies, their agencies and instrumentalities that unless..........
Civil Procedure Code, 1908, Section 35B -- Costs - Payment of - Extension of time - There has been some lapse on part of petitioner in sending the pay order at wrong address of respondent No.5 - Said lapse appears to be bonafide - Extension of time sought for payment of cost amount of Rs.50,000/- - Held, question of extension of time as sought for payment of cost amount..........
