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Bombay General Clauses Act, 1904, (Maharashtra) Section 3

Title: Definitions

State: Maharashtra

Year: 1904

..... NOTES Good faith.-See section 2(7) of the Indian Limitation Act, 1908, section 52 of the Indian Penal Code and section 178 of the Indian Contract Act. An ex parte decree was passed on February 12, 1935 by Ahmednagar Court and it was transferred to Poona Court on February 25, 1935. The decree was set aside on January 15, 1936. Again an ex parte decree was passed in 1936. No darkhast for execution of the subsequent decree was filed till June, 16, 1947, but four darkhasts were filed successively in Poona Court to execute the earlier decree of 1935 and were disposed off in 1936, 1939, 1942 and 1946 respectively. A fifth darkhast was filed in 1946 to execute the earlier decree and an application made in 1947 to amend the darkhast so as to execute the subsequent decree. It was held, that the decree holder was not entitled to claim relief under section 14(2) of the Indian Limitation Act as the previous darkhasts were not prosecuted in good faith.-Sadashiv Shivramv. Govind Sadashiv, I. L. R. 1954 Bom. 1173 : AIR 1955 Bom. 93 : 55 Bom. L. R. 785; Balkrishnayya v. LingaRao, 1943 Mad. 804 (Dist.). Bona fides.-Meaning.-'Bonafides' is mental state negativing fraud or dishonesty. It.....

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