Railways Act, 1989, Section 124A -- Bona fide passenger - Story is more credible that deceased slept in train and could not de-board at destination railway station and when they woke up they tried to find out which is next railway station - Therefore, in such curiosity, it is likely that deceased would co0me near gate - So far as passengers who exceed journey, Tribunal had..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Objections - Limitation - Time period that was consumed while appellant was pursuing his revision petition filed in High Court in good faith is excluded his objections would be within limitation - Court blow out to have excluded period while appellant was bona fidely pursuing his cause..........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5 -- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
Agreement to sell -- Specific performance - Subsequent purchasers - Having knowledge of execution of sale agreements - No steps were taken by subsequent purchasers to inquire about whereabouts of original title deed - Conduct of defendants themselves indicates that subsequent purchasers are not bona fide as sale deed came to be executed and registered with unusual haste -..........
Mahomedan Law -- Gift (Hiba) of property by father to his minor son - Delivery of possession is not strictly insisted upon in case of a bona fide gift by father to his minor child, as delivery in such case is by right hand to left hand...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While deciding an application for amendment, ordinarily Court should not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide and dishonest amendments, because purpose and object of O.6.R.17 CPC is to allow either party to alter or amend his pleadings in such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After filing of written statement it came to the knowledge of plaintiff about execution of gift deed of some part of the property for which plaintiff sought amendment of plaint that execution of gift of part of the property was without legal authority in view of family settlement - Amendment necessary..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit on the basis of promissory note - Amendment sought at rebuttal stage to take the plea that defendant never signed promissory note in Punjabi nor he signs in Punjabi - This plea was very much available from the very beginning - It is not such a fact that same was not in the..........
