12 August 2024


Search Results for Tag : Bonafide

Judgments

Legal right of residence in property entitled married daughter to seek tenant’s eviction from it for her need(27.09.2016)

In instant case, Appellant is aggrieved by judgment of High Court reversing concurrent findings of Courts below holding that, Appellant’s daughter is .....

Tags : Eviction, Right, Bonafide Need

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An apology tendered by a contemnor should not be rejected merely on ground that, it is qualified or conditional so long it is made bonafide(05.01.2018)

The instant appeal has been filed under Section 19 of the Contempt of Courts Act, 1971 assailing the order passed by the Single Judge holding the Appe.....

Tags : Apology, Bonafide, Acceptance

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Once deceased with valid train ticket is found on railway track, which is not near place of residence or work, onus of proof shifts upon railway to show that, deceased was not a bonafide passenger(05.04.2018)

In facts of the case, the deceased, Appellants' son, while travelling by train accidently fell down from the running train near the housing board colo.....

Tags : Bonafide passenger, Compensation, Grant

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Condition of building is not so essential. If it is shown that building is bona fide required by landlord for immediate purpose of demolition, eviction could be ordered(25.04.2018)

Aggrieved by the order reversing the order of eviction passed by the Rent Controller, Petitioners, who are trustees of Sri Mouna Swamigal Madam, also .....

Tags : Eviction, Bonafide need, Grant

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Revisional power cannot be equated with a power of re-consideration of all questions of facts as a Court of first appeal(07.05.2019)

Present petition challenges the order passed in eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the lea.....

Tags : Eviction, Bonafide, Legality

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Supervisory jurisdiction is not available to correct errors of facts or of law unless errors are manifest and apparent on face of proceedings(25.02.2020)

Present petition challenges the order passed by the Trial Court in Eviction Petition under Section 14 (1) (e) and 25(B) of the Delhi Rent Control Act,.....

Tags : Bonafide need, Eviction, Legality

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Mere fact that landlords own an another residential house within the city limit does not prohibit landlords to claim eviction of an independent house for their own use and occupation(18.06.2021)

Present Petition has been filed under Order 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is against the order passed by trial Cou.....

Tags : Eviction, Bonafide need, Legality

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Courts cannot ordinarily doubt the bonafide need of landlord nor the Courts can dictate to landlord as to how the premise owned by him should be used(26.07.2023)

The judgment and decree of eviction on the ground of bonafide need passed by the Small Causes Court and confirmed by District Judge vide judgment and .....

Tags : Eviction, Bonafide need, Legality

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News

SC: Demand of Increase of Rent is Irrelevant to Determine 'Bonafide Requirement' of Landlord(29.08.2022)

Supreme Court has held that the demand of increase of rent is wholly irrelevant to determine the bonafide requirement of the premises of a landlord.

Tags : Supreme Court, Landlord, Bonafide Requirement

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Supreme Court: Benefit u/s 64 (2) CPC Available to Bonafide Purchaser(05.04.2022)

Supreme Court has observed that benefit of Section 64(2) of the Code of Civil Procedure, 1908 shall be available if the objector and/or subsequent pur.....

Tags : Supreme Court, Bonafide Purchaser

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SC: Can’t Include Time Spent in Contesting Bonafide Litigation at Wrong Forum, While Computing Limi.(04.04.2024)

SC has held that Section 14 of Limitation Act, 1963 makes it clear that an applicant who has prosecuted another civil proceeding with due diligence, b.....

Tags : Supreme Court, Section 14 of Limitation Act, Bonafide Litigation, Limitation

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Raj. HC: Tenant Can’t Avoid Eviction by Showing Other Properties More Suitable for Bonafide Use(23.01.2024)

Rajasthan High Court while allowing eviction petition of the landlord has held that bonafide necessity of the premise is to be decided by the landlord.....

Tags : Rajasthan High Court, Bonafide Use, Eviction Petition, Tenancy

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SC: If Sale Hit by Lis Pendens, Bona Fide Purchase Can’t be Used as a Defence(15.10.2024)

Supreme Court has observed that once sale agreement is proved and the subsequent sale is during pendency of the suit hit by the doctrine of lis penden.....

Tags : Supreme Court, Lis Pendens, Bonafide Purchase

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Bona fide of injured person as a railway passenger has to be proved for claiming compensation(09.06.2017)

Claim application was filed by Applicant/injured seeking compensation of Rupees Four Lac for injuries sustained by him in an alleged train untoward in.....

Tags : Accident, Compensation, Bonafide

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Rights of a bona fide tenant would not be automatically terminated by forfeiture of property(17.08.2017)

In present case, vide impugned order, one Krishna Budha Gawde was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention o.....

Tags : Forfeiture, Property, Tenant, Bonafide right

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No party has any vested right in the forum(05.02.2018)

Present revision application challenges the judgment made by the District Judge, (Appeal Court) allowing Civil Appeal instituted by Respondent Nos. 1A.....

Tags : Possession, Restoration, Bonafide need

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SC Directs Gujarat Govt to Prepare Draft Mechanism to Consider Requests for Bonafide Transfers(17.09.2021)

Supreme Court has directed the State of Gujarat to prepare a draft mechanism to consider requests for bona fide transfers of property allotted to MLAs.....

Tags : Supreme Court, Mechanism to Consider Requests for Bonafide Transfers

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HP HC Strikes Down the Requirement of ‘Bonafide Himachali Certificate’ for Compassionate Appointment(31.07.2023)

Himachal Pradesh High Court has struck down the requirement of furnishing a 'Bonafide Himachali Certificate' for obtaining compassionate appointment a.....

Tags : Himachal Pradesh High Court, Bonafide Himachali Certificate, Compassionate Appointment

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Gau. HC: Compensation Denied Over Death of Man Not Proved to be Bonafide Passenger(21.06.2024)

Gauhati High Court has denied compensation over the death of a man who fell from a running train and was run over by it, on the ground that the fact t.....

Tags : Gauhati High Court, Bonafide Passenger, Compensation

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ITAT, Delhi Deletes Penalty Against Lahmeyer Holding GambH(12.04.2022)

Income Tax Appellate Tribunal , Delhi has granted relief to Lahmeyer holding that the penalty cannot be levied based on fact that the assessee under s.....

Tags : Income Tax Appellate Tribunal, Lahmeyer Holding GambH, section 44BBB of the Income Tax Act, 1961, permanent establishment, bonafide

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Court has to consider effect of subsequent development on bona fide need of landlord(07.02.2017)

Instant appeal by way of special leave is preferred against order passed by High Court wherein High Court affirmed order passed by Additional District.....

Tags : Eviction, Bonafide need, Entitlement

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