Transfer of Property Act, 1882, Section 106 -- Lease - Determination - Lease of building includes land on which building stands or even if building is destroyed or demolished - Lease is not extinguished as long as land beneath it continues to exist - Even, doctrine of frustration also cannot be invoked on destruction or demolition of a building under lease...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, Criminal Procedure Code, 1973, Section 410 -- Power of the Chief Metropolitan Magistrate/Additional Chief Metropolitan Magistrate relating to transfer of case - Issue is whether the Chief Judicial Magistrate has the power to transfer the case from one Court to another while exercising its power u/s 410 Cr.P.C./S.450 -..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Document contains covenant for reconveyance of property in favour of plaintiff upon refund of amount received by plaintiff from defendant - Contents of document establish a lender and a borrower relationship between parties, where borrower as in lieu of..........
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)..........
