Civil Procedure Code, 1908, Section 47&, Transfer of Property Act, 1882, Section 52 -- Decree for specific performance passed - Property transferred - Transferees raising objection in execution that the decree is not binding on them as they were not party to the suit and the decree is not executable against them as they are bonafide tansferees for value - Order of Courts..........
Limitation Act, 1963, Section 5 -- Condonation of delay - No negligence or laches on the part of a party - Delay caused was occasioned on account of bonafide legal advice - Delay condoned...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment - Ground of bonafide need coming into existence during pendency of suit - Transferee - landlord can be allowed to amend plaint and claim relief of eviction on such ground...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Amendment sought highly belated and also not bonafide and contrary to the pleas raised earlier in the plaint - No explanation as to why the amendment was not sought in the trial court - Amendment disallowed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioners pursuing their remedy in a Court of law under a bonafide belief - Sufficient ground for condonation of delay established - Delay condoned...........
Civil Procedure Code, 1908, Order 16, Rule 1(2), 6 -- Summoning of witnesses - Witnesses are generally summoned on an applicator - Court can refuse to summon a witness if the prayer to summon a witness is not bonafide or is made as an abuse of the process of the court or the prayer is vexations...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bonafide amendments necessary for the purpose of determining the real question n controversy between the parties should be allowed, however negligent ;he first omission and howsoever delayed the proposed amendment, If the opposite party can be compensated with costs or other terms to be imposed In the..........
Agreement to sell -- Subsequent purchaser - On facts, held that subsequent purchaser had notice of previous agreement to sell as such he is not bonafide purchaser without notice of the agreement to sell...........
Contempt of Courts Act, 1971, Section 12 -- Disobedience of order - When two interpretations or opinions possible it is not safe to hold a person guilty for having acted upon interpretation what he bonafide thought to be correct...........
Customary Law -- Ancestral property - Alienation - Legal necessity - Sale of land in order to purchase land in another village - Bonafide act of good management - Treated as necessity & valid...........
