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..........
Criminal Procedure Code, 1973, Section 452 -- Release of seized vehicle - Vehicle involved in NDPS case - State is unable to give any definitive timeline as to when trial against A-5 would conclude - Vehicle in question thus, released after preparing a video and still photographs of vehicle, subject to appellant furnishing a surety bond of Rs.2,10,000 instead of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately along with child aged about 3 years at her parents house - Distance between the place where wife is residing to the place where divorce petition is filed is 100 kms - It is very difficult for wife to travel for such a distance - Divorce petition transferred from Court..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Unilateral cancellation of gift deed - Where donor has executed gift deed in favour of donee voluntarily, transferring absolute title and possession of gift property without reserving her any right in suit property and donee has accepted the same, cancellation of gift deed unilaterally by donor is non-est under..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens u/s 52 of the Act provides two exceptions - First exception is that if the parties to suit are colluding - In the instant case, all the parties to partition suit were colluding in order to defraud transferee pendente lite - More so, one of DH resides in adjoining house permitted..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Second mortgage deed was not proved in accordance with provisions of Evidence Act - No entry in revenue record regarding alleged second mortgage - There were multiple litigations between parties thus, no plausible reason for plaintiff to mortgage the land with defendant - Nothing on record to prove that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation - Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that I.O. has mixed up with accused...........
