Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Express or implied consent - The same is to be on the part of the vendee or with his consent, by his vendor - In absence thereof, it would be unfair to deny the right to contest to the subsequent vendee - It is for the party alleging fraud to prove the fraud and misrepresentation, as no presumption can be..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Ostensible owner - Vendee of such owner is entitled to the protection of bona fide purchaser u/s 41 of the TPA - After coming into force of Benami Transaction (Prohibition) Act, the consent of true owner has lost significance as for all intents and purposes, the person registered as owner of the property..........
Transfer of Property Act, 1882, Section 41, Specific Relief Act, 1963, Section 13, 19 -- Subsequent vendee - Non availability of the protection of S.41 of the Act - Bona fide purchaser will be entitled to get back his money along with interest and costs etc. from his vendor...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Bona fide requirement - Commercial building - Held, a commercial building can be got vacated on the ground of personal necessity of landlord...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay is just one of the ingredients which has to be considered - Court must also take into consideration the conduct of the parties, bona fide reasons for condonation of delay and whether such delay could easily be avoided by the applicant acting with normal care and caution...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9 -- Delay - Condonation - Sufficient cause - To be construed liberally so as to advance substantial justice, when the delay is not on account any dilatory tactics, want of bona fides, deliberate inaction or negligence on the part of the appellant; (ii) In considering the reasons for condonation of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i)(a) -- Bona fide requirement - Requirement of son, an Advocate, to use it as office - Landlady owning number of other properties but not so pleaded - Son of landlady testifying that the other properties owned by his father - Held, property owned by a spouse cannot be considered to be a property owned by the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction petition - Bona fide necessity - Area presently in occupation of landlady has no kitchen - Held, residential building must necessarily have an area where the landlady has a kitchen at her disposal - A landlady cannot be told by tenant that accommodation of only two rooms is sufficient for her use, even..........
Rent and Eviction -- Shop - Bonafide requirement - Mere continuation of long tenancy not a ground to reject the case of bona fide need...........
Limitation Act, 1963, Section 21(1) -- Proviso, 2(h), Civil Procedure Code, 1908, O.1.R.10(2) - Substitution or addition of new defendant - Limitation - Plaintiff brought suit against five defendants - One of defendants was dead - On gaining knowledge of fact of death of one of defendants, plaintiff filed application U.O.1.R.10 CPC to implead LR's of deceased defendant -..........
