Constitution of India, 1950, Article 21, 32 -- Fair Trial - Inter state transfer of under trial prisoner - Accused who has been able to by his sheer presence erode the idea of safety of witness in court or for that matter impairs and rusts faith of victim in ultimate justice and such erosion is due to fear psychosis prevalent in atmosphere of trial is not be countenanced..........
Constitution of India, 1950, Article 226, Transfer of Prisoners Act, 1950, Section 3 -- Transfer of case from one jail to another within state - Submissions of petitioner repelled that when no power is conferred under 1950 Act, Court cannot exercise power or when power is curtailed Court cannot issue directions - Non-conferment of power under 1950 Act would not prohibit..........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Equity cannot override law - S.3 of 1950 Act bestows power on State Government to transfer an accused to another State after consulting other State - Such an action by State has to be totally controlled by circumstances - When State passes..........
Constitution of India, 1950, Article 21 -- Fair Trial - Fair trial which is constitutionally protected as substantial right u/Art.21 and also statutory protection, does invite for consideration a sense of conflict with interest of victim(s) or collective/interest of society - When there is an intra-conflict in respect of same fundamental right from true perceptions, it is..........
Constitution of India, 1950, Article 21, 32, 142, 144, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - S.3 of 1950 Act does not create an impediment on part court to pass an order of transfer of an accused or a convict from one jail in a State to another prison in another State because it creates a bar on exercise of power on..........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Jurisdiction - Submission that Supreme Court in exercise of equity jurisdiction u/Art.142 of Constitution cannot transfer accused from Siwan Jail to any other jail in another State is unacceptable as basic premise of said argument is..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13B -- Transfer of divorce proceedings - Parties entered into compromise - Parties agreed to withdraw civil and criminal cases and also settled on certain financial terms - Parties also agreed for mutual divorce - Proceedings ordered to be transferred from Udaipur, Rajasthan to New Delhi - Joint..........
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 68 -- Gift deed - Where donor himself denied execution of Gift deed, it is incumbent upon donee to prove execution and acceptance of gift by examining at least one of attesting witnesses of gift deed, as contemplated u/s 68 of Evidence Act...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Medical grounds - Petitioner having difficulty in urination, emerging out of a condition described as prostatomegaly - Said condition is not such a serious condition, as would entail the transfer of petitioner from one jail to another, or to require him to be subjected to any kind of specialized treatment, at some..........
Transfer of Property Act, 1882, Section 58(c), 60, 67 -- Mortgage by conditional sale - When mortgagor mortgages his immovable property, he does not cease to be its owner and equity of redemption still vests in him - Equity is lost only when there is final decree of foreclosure or sale in favour of mortgagee...........
