Civil Procedure Code, 1908, Section 24 -- Transfer of case - Allegation of bias against Presiding Officer of Family Court - Talking to a party in chamber by Presiding Officer of Family Courts is part of business and cannot be held as biasness on the part of Presiding Officer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Allegation of bias against Presiding Officer of Family Court - Both the parties made request to Presiding Officer to hold a chamber counseling - Presiding Officer referred the parties to conciliation - Petitioner has not substantiated whether Presiding Officer has actually spoken to respondent in her chambers -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Accused is decidedly above 16 years of age which has not been controverted and offence for which he is accused of, is a heinous offence as per S.2(33) of JJ Act - Board by way of extra caution, did not totally bank upon Probation Officer's report but has individually prepared a..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Transfer on allegation that a person may not get complete justice from Court is a serious issue - Once an order is passed against which respondent had consciously availed a remedy of filing a review, in such circumstances, it cannot be said that by making a bald allegation that they do not have faith or that..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Suit for injunction and suit for partition filed in two different Courts - Outcome of one suit to impact the other suit - There is possibility of conflicting findings - In the interest of justice one suit transferred to the Court where another suit is pending...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of murder case - Apprehension which has been made basis to seek order for transfer of case pending before Court below is absolutely weak and cannot be remotely said to be reasonable - No sufficient ground to transfer of case - Application dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Criminal case - Transferred from Court of Judicial Magistrate to Family Court, as per prayer made in the application for transfer of case - Family Court cannot deal with a criminal complaint for an offence under Indian Penal Code - A wrong order of Court cannot be allowed to stand on the ground that one of the parties invited..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Wife sought transfer of case as she does not have any independent source of income - She is dependent on her parents who are poor and she cannot bear travel expenditure to attend Court at Siddipet which is about 100 kms away from her present residence at Hyderabad and she is not getting any..........
