Transfer of Property Act, 1882, Section 54 -- Sale and Release - Stamp Act, 1899, Art. 47-A - Distinction - Sale is transfer of title in immovable property to another for consideration - Release is transfer of rights in immovable property to an existing co-owner(s) which can be with or without consideration - Transferee under a sale is an altogether stranger, whereas in..........
Civil Procedure Code, 1908, Section 24(1)(b)(i) -- Transfer of case - District Judge or High Court has to pass an order specifically withdrawing the suit, appeal or other proceedings pending in any Court subordinate to it...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Petitioner/accused is a lady - Private complaint filed against her is for an offence u/s 138 of NI Act - Case is pending before Magistrate Fast Track Court specifically constituted for speedy disposal of cases u/s 138 of NI Act - No valid..........
Civil Procedure Code, 1908, Section 24 -- Transfer of appeal - During trial both parties were duly represented - Matter was heard by different Presiding Officers and even the officer who is stated to be under the influence of respondent No.3 has since been transferred to some other station - Argument of learned counsel for applicant that out of about thousand practicing..........
Contempt of Courts Act, 1971, Section 12, Transfer of Property Act, 1882, Section 52 - - Alienation of property - Validity - After obtaining an order of stay for recovery of possession of suit property, contemners have transferred suit property - Held, alienation is a necessary incident of ownership and unless there is a prohibition against alienation per se, there is..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Should not be merely on the say of a party - Transfer of a case has a demoralizing effect on the trial Courts - Unless a very strong case based on concrete material is made out, transfer of a case should not be ordered...........
Criminal Procedure Code, 1973, Section 408 -- Transfer of case - Murder trial - Accused have found it difficult to engage services of lawyers from `K' - Atmosphere in and around Court is surcharged - Both accused and witnesses claim that they feel threatened by opposite party - Doubts have been raised about impartiality of trial Court - Held, in order to ensure that..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Bias and pre-judgment - Petitioners referred to certain observations recorded by Court below in impugned order by alleging bias and pre-judgment - Held, on material produced, lower court concluded that explanation for belated filing of amendment application is not bona fide - Observations or findings recorded by..........
Civil Procedure Code, 1908, Section 23(3), 25, 22, 24 -- Transfer and withdrawal of cases - Powers of High Court - Case pending in a Court subordinate to another High Court - Held, in matter of transfer/withdrawal of a case pending in a Court subordinate to one High Court to/from a Court subordinate to another Court, the power is vested only with Supreme Court in view of..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Hindu minor - - Transfer of property of Hindu minor by his natural guardians - Avoiding of transfer by minor - Limitation - Held, option for avoiding transfer has to be exercised by plaintiff within three years of his having attained age of majority - In present case when statement of plaintiff/minor was recorded in..........
