Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 120B -- Bail - Dowry death - Complainant party received huge amounts and secured a transfer document of half share in kothi before registration of FIR - Trial of case will take long time - No useful purpose will be served by keeping petitioner in custody any further - Bail granted...........
Constitution of India,1950 -- Entry 91, List I of Seventh Schedule, Rajasthan Stamps Act, 1998, Ss.3, 90, Companies Act, 1956, S. 394 - Applicability of S.90 of Rajasthan Stamp Act - S.90 of Rajasthan stamp Act is applicable in respect of documents specified in Entry 91 of List I of 7th Schedule of Constitution which provides for rates of stamp duty with respect to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of rent petition - Shop in dispute purchased by counsel of petitioner in name of his wife from landlord during pendency of suit for eviction - Keeping in view narration of facts in transfer application, the apprehension expressed by petitioners cannot be termed to be baseless or without any justifiable reason - It will be..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - For getting back vacant possession of suit property - Defendant claiming protection of his possession on the basis of agreement to sell - Defendant neither filed a suit for specific performance of contract nor had he pursued his counter claim in the suit - On this count claim of defendant and legal right to..........
Hindu Minority and Guardianship Act, 1956, Section 6, 11 -- Property of minor - Alienation by brother of minor without permission of Court - Brother of minor who transferred property is in position of a de facto guardian of Hindu minor - Such transfer on behalf of minor is an unauthorized and is void - Alienee cannot justify it on the ground that minor subsequently did not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Transfer of proceedings u/s 125 Cr.P.C - Husband sought transfer of proceedings pending at Kanpur Nagar to Aligarh - Aligarh is convenient for wife who is admittedly residing at Delhi - Proceedings held, transferred from Kanpur Nagar to Aligarh - Application allowed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petitions - Petitions u/s 25 of Guardians and Wards Act and S.9 of Hindu Marriage Act - Wife sought transfer of these petitions from Hamirpur to Kanpur Nagar - She is residing at New Delhi - No material on record to indicate as to why, wife was residing at Kanpur Nagar with her maternal grandmother - Husband rightly..........
Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959, Section 3(1) -- Transfer of land - Sale deeds challenged on the ground that same were executed in contravention of S.3(1) of Regulation - Same was declared as null and void by all Authorities and Courts - High Court neither examined issue in context of definition of `transfer' as defined under the Act nor..........
Transfer of Property Act, 1882, Section 108 -- Lease - Lease of open plot and lessee was under obligation to handover possession of suit property in the state in which he received it - Lessee though permitted to raise construction on suit property but since he did not remove it, suit property did not assume character of `Premises' in terms of S.7(9) of Maharashtra Rent..........
Karnataka Land Revenue Act, 1964, Section 4, Karnataka Land Grant Rules, 1969, Rule 9(i) - - Grant of agricultural lands to members of SC/ST community - Condition of no, alienation for period of 15 years - Appellant transfer the land by executing GPA in favour of his wife - GPA was executed prior to period of 15 years - Nature of transaction was such that it had occurred..........
