Bona Fide

Bona fide is one of the most frequently used Latin terms in Indian legal practice. It denotes good faith, honesty of intention, and absence of any design to deceive or seek an unconscionable advantage. The concept permeates virtually every branch of Indian law, from contract law to administrative law to property transactions.

In property law, a bona fide purchaser for value without notice enjoys protection against prior equitable interests. Under the Transfer of Property Act, 1882, and various tenancy laws, the concept of bona fide requirement is crucial in determining landlord's right to eviction. A person acting in good faith is often protected from liability even if their actions turn out to be technically incorrect.

In administrative law, the bona fide exercise of power is essential for validity of government actions. Actions taken mala fide (in bad faith) can be struck down by courts even if they otherwise appear legal. The burden of proving mala fides is on the person alleging it, and courts require clear and cogent evidence rather than mere allegations or suspicions.