Criminal Procedure Code, 1973, Section 408 -- Transfer of case - Solely because accused has filed application for transfer, Judge is not required to express his disinclination - Judge is required under law to do his duty - Judge has to perform his duty and not to succumb to the pressure put by accused by making callous allegations...........
Transfer of Property Act, 1882, Section 54 -- Cancellation of sale deed - Fraud - Concurrent findings of trial Court and first appellate Court after appreciating evidence that neither any fraud was committed against plaintiff in execution of sale deed, nor said sale deed executed without consideration - Plaintiff had sold his share and there is no illegality in it -..........
Transfer of Property Act, 1882, Section 52 -- Bonafide purchaser - Once seller records it title in revenue record and sale is for valuable consideration, then purchaser will be a bonafide purchaser and purchaser has to enquire about the title of seller from the revenue record...........
Insurance Act, 1938, Section 38 -- As it was prior to amendment in 2015 - Insurance policy - Freely tradable and assignable - Life Insurance policies are freely transferable and assignable in accordance with the provisions of Insurance Act - However, S.38 of Insurance Act gives insurer the discretion to decide whether or not to accept a transfer or assignment of an..........
Stamp Act, 1899, Section 47A - - Transfer document - Under valuation than circle rate - Registering Authority will register the document when even after notifying the parties they do not change the valuation thereof so as to bring it in consonance with circle rate - After registration of document/instrument the document will be forwarded to Collector for determination of..........
Stamp Act, 1899, Section 47A - - Deficient stamp duty - Registration of under-valued transfer document - If Registering officer while registering any instrument, found that value of suit property is lower than consideration/valuation in accordance with the circle rates, he shall refer the same to Collector after registration u/s 47-A of Act and Collector shall proceed to..........
Civil Procedure Code, 1908, Section 20, 22, 23 -- Territorial jurisdiction - Suit filed in a Court can also be conveniently tried in another Court which also has the territorial jurisdiction - Appropriate High Court can transfer the suit by applying principle of forum convenience...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties resolving dispute during pendency of Transfer petition filed by wife seeking transfer of divorce petition filed by husband - Husband agreed to pay Rs.12.50 lacs as alimony, maintenance for past and future or any other claim of wife - Wife suffering from breast cancer and in need of money for her..........
Registration Act, 1908, Section 17(1A), Transfer of Property Act, 1882, Section 53A -- Agreement to sell - Registration - There is no plea of part performance making out a case of protection of possession by plaintiff - There is only a prayer for delivery of possession and evidently, there is no resort to S.53-A of T.P. Act - If only a plea is made u/s 53-A of T.P. Act,..........
Transfer of Property Act, 1882, Section 122, 123 -- Gift by Karta - Undivided Hindu co-parcenary property - Gift executed by Karta in respect of undivided share is void, as Karta had no right to execute any such gift or confer any proprietary right in respect of his wife in complete exclusion of his sons, who had birth right in property...........
