Civil Procedure Code, 1908, Section 47, Order 34, Rule 1, Transfer of Property Act, 1882, Section 84 -- Execution - Objection - Mortgage - Delivery of possession - Execution case without any decree for redemption is not maintainable - Respondents held, not entitled to get delivery of possession unless a decree for redemption of mortgage is passed in their favour under..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of case - When property is common in two suits, Court can order transfer of one suit from one Court to another - However, Court while exercising power u/s 24(2) CPC cannot order joint trial of the transferred suit...........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - District Judge has power u/s 24 CPC to transfer a case from Family Court to such other Courts, which is vested with jurisdiction to hear family Court matters - In case, there are no such Courts, Family Court matters can only be transferred out of district, power of which is..........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - Transfer of case from one Family Court to another Family Court within same district - Transfer application can only be made to District Judge...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, but purchaser takes the property subject to rights of transferor in pending suit...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Where any senior citizen who, after the commencement of the Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property by Senior citizen - Annulment - Petitioner cannot seek avoidance of the transfer document by making allegations against a stranger to the transfer...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Essential requirement for applicability of S.52 of the Act is that transfer must take place by any party to suit or proceeding...........
