Civil Procedure Code, 1908, Order 21, Rule 11 -- Execution - Property situated at Jaipur - Execution petition filed at Jaipur - Order directing to furnish transfer certificate set aside - Executing Court directed to decide execution application...........
Agreement to sell -- Suit property is agreed to be transferred upon payment of balance sale consideration under agreement of sale - Contention that agreement to sell has to be treated as bond, rejected, as when document mentions transfer of rights between parties same cannot be termed as bond...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 472, 120B, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss. 420, 467, 468, 471, 472, 120-B - Quashing of proceedings - Clerical error in name of Court in summons - Petitioner alleged that summons were received from Special Court for CBI cases, but trial is conducted by Additional Session Court - However,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer of cases u/s 406 Cr.P.C. may be allowed when there is a reasonable apprehension backed by evidence that justice may not be done - Mere convenience or inconvenience of parties may not by itself be sufficient enough to pray for transfer...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Mere inconvenience or hardship that accused may have to face in travelling from one place to other would not fall within the expression expedient for the ends of justice...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering an application for transfer of trial some of broad factors which could be kept in mind are: (i) when it appears that State machinery or prosecution is acting hand in glove with accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of prosecution; (ii)..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Preference to be given to convenience of wife, in case transfer application relates to matrimonial dispute - However, it is not a thumb rule - Various other circumstances, spelt out from material brought on record also ought to be taken into consideration - Each case is to be decided on its own facts..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition and petition for custody of child - Both the parties have filed rival guardianship petitions which are still pending and they are being pursued by parties - Mere fact that FIR has been got registered by husband against brother of wife, solely taking place of such single incident, does not ipso facto..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Power of Attorney Act, 1882, Section 2 -- Sale deed - Execution of sale deed by power of attorney holder - Cancellation of power of attorney subsequent thereto - Cancellation does not affect the prior sale deed executed more so when there is no contention that attorney was not conferred with..........
