Rent and Eviction -- Bona fide requirement of shop for son who was unemployed - One witness stated that landlord attempted to sell the property - Held, his statement cannot be said to be reliable unless such fact is supported with documentary proof - No document on record to support the bald statement of such witness to dislodge the case of bona fide requirement of shop..........
Rent and Eviction -- Bona fide requirement of shop in question for son who was unemployed - Merely because one of sons of landlord was running his business that too in a rented accommodation in a shop opposite to disputed shop, it cannot be said that need of landlord was not bona fide...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Sale despite injunction order - Question as to whether sale was despite knowledge of injunction order and as to whether subsequent vendees are bona fide purchasers can only be decided after parties lead evidence..........
Contempt of Courts Act, 1971, Section 12, 15, 2(c), 13 - - Contempt of Court - Truth can be pleaded as defence in contempt proceedings : (i) Court may permit truth as a defence if two things are satisfied, viz., (i) it is in public interest and (ii) the request for invoking said defence is bona fide...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Important factors for deciding the application for amendment of pleadings are : (i) whether the amendment sought is imperative for proper and effective adjudication of the case; (ii) whether the application for amendment is bona fide or mala fide; (iii) the amendment should not cause such prejudice to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Categorical admission made in respect of partition - Under the garb of amendment defendant seeks re-partition of the property - Proposed amendment not bona fide - Amendment disallowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 7, Rule 11 -- Amendment of pleadings - An application U.O.6.R.17 CPC cannot be refused to be entertained while application U.O.7.R.11 CPC is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible...........
Transfer of Property Act, 1882, Section 100 -- Charge - Not enforceable against a bona fide transferee of the property for value without notice of charge...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a document of Will as null and void - Plea of bona fide purchasers - Since defendant No.1 failed to prove his title through Will in question, then defendant Nos.2 & 3 are bound to fail to prove their case of bona fide purchasers without notice and for valuable consideration - Moreover, defendant Nos.2 & 3..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Impleadment sought as plaintiff being bona fide purchaser - Transferee pendente lite is a necessary and proper party and should be impleaded - Order allowing impleadment, upheld...........
