Agreement to Sell -- Specific performance - Willingness and readiness - Court directed petitioner to deposit balance sale consideration in court - Petitioner failed to do so in spite of having necessary funds - Held, it is well settled that for grant of decree of specific performance of agreement to sell it is necessary for plaintiff to prove his willingness and readiness..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Specified landlord seeking ejectment on the ground of bona fide requirement - Held, Rent Controller is bound to satisfy himself about the landlord's bona fides - Specified landlord also bound to prove his bona fide requirement...........
Medical negligence -- Compensation - Premature delivery - Retinopathy of Prematurity - Development of - Baby kept in hospital for 24 days - OP Nos. 3 and 4 have seen the baby after the discharge at home and at the clinic and yet no such advice for screening ROP has been given - OPs have failed in their duty of care by not writing anything in the discharge summary what is..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Law as to - (i) While establishing case of the bona fides of requirement, the tenant cannot dictate terms or question the bona fides of the landlord - The landlord would be the best judge of his requirement; (ii) Rent Controller cannot begin with the presumption that there was lack..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Premise required for business - Need cannot be discounted or the bona fides cannot be doubted by a Court by saying that the business is not lucrative and therefore, it shall not be worthwhile for the landlord to ask for vacation of the premises...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - Premises required to settle the son of brother whose father had died - Nephew disowned by an affidavit the need as proffered by the uncle - Order of eviction set aside...........
Criminal Procedure Code, 1973, Section 166 -- Search - Irregularity therein - Effect thereof - Held, failure to comply with provisions regulating search may cast doubt upon bona fides of officers conducting search - However, when once evidence has been believed, it is obviously no defence to say that evidence was obtained in an irregular manner - There is no provision in..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(i) -- Bona fide requirement - One out of the three houses owned by landlord was got vacated earlier and was sold in the year 1995 - Petitioner No.2 was not married at that time - Premises required for separate accommodation for family member which arose only when petitioner No.2 got married - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- To construct a new building - Submitting of site plan to Municipality - A religious institution not to be treated at par with an individual - If to build a new construction an intention finds expression in the resolution of the office bearers and they had resorted to take action in the process known to know, that..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Landlady conveyed her intention to sell property - When a litigant is before the Court for number of years, different thoughts come to the mind of the litigant but the same is not sufficient to return a finding that the landlady has no bona fide personal requirement...........
