Railways Act, 1989, Section 123(2) -- Accident fall from train - Death - Compensation - On the basis of oral and documentary evidence Tribunal came to conclusion that deceased was a bonafide passenger and fell down from train while trying to get down - Railways not adduced any material or documents to disprove the claim - No illegality in order of Tribunal awarding..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser without knowledge of subsequent agreement for sale - `A' filed suit for specific performance - It was alleged that on date of registration of sale deed in favour of `B' he filed an application before Sub Registrar for not registering sale but Sub Registrar returned that application to him after making his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Bonafide requirement - Company - Used the premises as the residence of the Executive Director - Tenant through its Executive Director accepted the request of the landlord and undertook to vacate the premises - A person acting as a director could legally enter into a compromise on behalf of the Company - Even if..........
Agreement to sell -- Suit for specific performance - Subsequent vendees - Decree for refund of earnest money with interest allowed - Subsequent vendees constructed a house over the land in dispute - Not a ground to deny relief to plaintiff if house is constructed during pendency of suit - Finding that subsequent vendees are bonafide purchasers for value without knowledge..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte eviction order - Setting aside - Tenant proceeded exparte for the third time - Suffering from Dislocated Slip Disc - Application dismissed - Revision against - In revision tenant instructed to deposit arrears of rent which he deposited amounting to Rs.1, 09, 350/- - Shows his bonafide to contest the ejectment petition..........
Rent and Eviction -- Bonafide necessity - Premises required for business of brother - Brother a member of the family - Brother not independent - Eviction order passed on ground of personal bonafide necessity for use of the premises for the family members of the plaintiff - Order upheld...........
Chandigarh Housing Board (Allotment, Management and Sale of Tenaments) Regulations -- Regulations 2(15), 6(1) & 6(2) - Allotment of flat - Eligibility - Claimed to be domicile of Chandigarh - Failure to prove it - Held, it is not open to him to fall back on the second eligibility criteria of being a bonafide resident of Chandigarh for last more than three years...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Bonafide necessity - Amendment sought to incorporate additional reasoning in support of ground of eviction - Case at initial stage - Amendment allowed...........
Delhi Rent Control Act, 1958, Section 14(1)(e), 14D -- Bona fide need - Need to shift from Bhopal to Delhi due to gas leakage incident and due to strained relations with daughter-in-law in Bhopal - Trial Court and High Court dismissed petition - Appeal allowed as landlord has no other accommodation in Delhi and need of landlord is bonafide - Time granted to vacate on usual..........
Rent and Eviction -- Bonafide need - Landlord living in father's house - Father dying - Relations with step mother strained - Merely because the appellant is living in a room of the huge building which does not exclusively belong to him, it cannot be said that his requirement to occupy the premises for his residence and professional requirements is not reasonable and bona..........
