Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Service tax -- Sale of Goods - When the substantial control remains with contractor and is not handed over to user, there is no transfer of right to use vehicles, cranes, tankers etc. - Whenever there is no such control on the goods vested in the person to whom the supply is made, transaction will be of rendering service within the meaning of S.65(105)(zzzzj) of Finance..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Coal Mines (Nationalisation) Act, 1973, Section 3(1), 2(h)(xi), Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Eviction decree - Validity - Orders evicting unauthorized occupants from public premises at mines area - Challenge as to - Acquisition and transfer of title and interest of owners of coal mines and vested in Central Government - Since..........
Civil Procedure Code, 1908, Section 39 -- Transfer of execution proceedings - Executing Court suo moto transferred the execution proceedings from one State to another State - However, neither JD has any right to file such an application nor executing Court is vested with any such power to transfer proceedings on its own motion to another State in view of S.39 CPC - Such..........
Companies Act, 2013, Section 434(1)(c), Companies (Court) Rules, 1959, Rule 26, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5, 6 -- Transfer of winding up proceedings pending in High Court to (NCLT) Tribunal - Liquidator has taken possession and control of registered office of appellant company and its factory premises, records and books - However, no..........
Specific Relief Act, 1963, Section 31, Transfer of Property Act, 1882, Section 54 -- Registered sale deed - Cancellation - An adjudication with respect to void or voidable nature of a registered sale deed could be adjudicated only by a civil Court - Once sale deed is executed, title and interest in the property owned by vendor is transferred to the vendee - No part of the..........
U.P.Zamindari Abolition and Land Reforms Act, 1951, Section 157B, 166 -- Transfer of land - Restrictions on members of Scheduled Tribes - `M' entered into an exchange of land with respondents - However, factum of `M' being a member of Scheduled Tribe is not disclosed in exchange deed - S.157-B of the Act stated that a bhumidhar or asami belonging to ST cannot transfer his..........
Service -- Transfer order - Judicial review - Transfer is an exigency of service - An employee cannot have a choice of postings - Administrative circulars and guidelines are indicators of manner in which transfer policy has to be implemented - However, an administrative circular may not in itself confer a vested right which can be enforceable by writ of mandamus - Unless..........
