Criminal Procedure Code, 1973, Section 407 -- Transfer of rape case - Mere apprehension of victim cannot be a ground for transfer of case to POCSO Courts and/or presided by woman Judge, even though offence does not involve provisions of POCSO Act...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Effect - Right of successful party in the litigation in regard to that property would not be affected by alienation, but it does not mean that as against transferor transaction is invalid...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation - Suit for cancellation of sale deed at the behest of non executant of the sale deed is not maintainable...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger - Cannot apply unless and until entire interest of lessor stands acquired by lessee and there has to be complete union of whole interest...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - Deed of gift followed by a declaration, within seven days of the execution of gift deed, signed by both the parties that transferee would look after the food, daily needs and medical requirements of transferor - Declaration/undertaking should be taken as continuation..........
Transfer of Property Act, 1882, Section 128 -- Gift deed - Debts due at the time of execution of gift deed - A person who gets the properties of donor under a gift he/she is liable personally for all the debts due and liabilities by the donor at the time of gift to the extent of properties...........
Transfer of Property Act, 1882, Section 83 -- Housing loan availed by mortgaging property - Property transferred during subsistence of mortgage - Entire loan amount paid and loan account closed - Bank is not entitled to withhold the security documents on the ground that borrower had transferred the property during the subsistence of the mortgage - Bank directed to release..........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Right of usufructuary mortgagor to redeem property does not get extinguished due to non payment of mortgage money within time fixed by Court, as there is no limitation for depositing mortgage money - Filing of an application to condone delay in depositing mortgage money is superfluous..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Locus standi - Murder case - Petitioner is real brother of deceased and is vitally interested in a fair trial so that deceased and his family gets justice - Challenge by accused to locus standi of petitioner, rejected...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Apprehension that justice will not be done - Petitioner is required to show circumstances from which it can be inferred that he entertains a reasonable apprehension - However, this apprehension cannot be imaginary and cannot be a mere allegation...........
