Civil Procedure Code, 1908, Order 41, Rule 33 -- Subsequent purchaser - Not bonafide purchaser without notice - When trial Court erred in not declaring sale in favour of subsequent purchaser void as well as in not directing him to join in the execution of the sale deed in favour of the plaintiff; it is a technical defect which can be corrected by Appellate Court under..........
Hindu Law -- Family arrangement - Recorded in compromise decree - Parties are bound by it - Life estate created in favour of father under family arrangement has no right of alienation - Purchasers though bonafide for consideration to do not acquire any right out of such alienation...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Counsel entering into compromise - Counsel duly appointed -Compromise decree when binding on client - Absence of appellant on the date when the compromise was entered to instruct his lawyer is a slender ground to assail the decree unless lack of bonafide on the part of the lawyer is itself established. O.3.R.4 CPC enjoins a..........
Civil Procedure Code, 1908, Section 80 -- Prior notice before suit not only against government but also public officer acting in official capacity - `ACT' extends to illegal omission and no distinction can be made between acts done illegally and in bad faith and acts done bonafide in official capacity...........
Punjab Co-operative Societies Act, 1961, Section 15, 26(1D) -- Enrolment of new members by Administrator - Competent.
The Administrator appointed under Section 26(I-D) of the Punjab Cooperative Societies Act has the power to enrol and admit new members provided his action is bonafide and the members enrolled by him fulfil the requisite qualifications laid down under the..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Scope - Permitting the person to sue as a representative of another is matter of far-reaching effects as it is likely to affect the interests of those who may not participate as the suit proceeds to hearing Such persons are entitled obviously to put before the Court the objections to the filing of the suit, to the capacity of..........
Civil Procedure Code, 1908, Order 32, Rule 12(1), 12(2) - - Next friend through a bona fide mistake filed suit describing plaintiff as a minor - Plaintiff as a matter of fact major at the time of institution of suit - Suit not to be thrown out - Plaint must be permitted to be amended.
When a suit has been filed in the name of a plaintiff describing him as a minor by..........
Transfer of Property Act, 1882, Section 41 -- As such not applicable to State of Punjab - Principles underlying Section 41 applicable - Equitable doctrine of estoppel provides exception to rule that no man can transfer to another a right or title greater than what he himself possesses.
Section 41 of the Transfer of Property Act, does not apply as such to the State of..........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit against sole defendant dead on the date of institution - Legal representative allowed to be impleaded of the deceased defendant. When only some of the legal representatives of the deceased are impleaded and others are left behind, the cannot be claimed to be for no, joinder In..........
Civil Procedure Code, 1908, Section 149 -- Deficit court fee on memorandum of appeal - If bonafide mistake of the appellant or for reason beyond the control of the appellant, only then the deficiency can be allowed to be made up...........
