Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - High Court or District Court has power to transfer a case on the motion of any other party or on its own motion and it applies to suits, appeals and other proceedings, including execution proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Sufficient grounds for transfer of a suit are : (i) convenience of parties and situation of property; (ii) bias of judge hearing the case; (iii) two suits involving common question; (iv) avoidance of delay and unnecessary expenses and (v) preventing abuse of process of Court...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Mere presumptions or possible apprehensions are not sufficient and only good and sufficient grounds, clearly set out in the order, may justify the transfer - Transfer should not readily be granted for any fancied notion of a litigant - It should be granted to ensure that applicant gets fair and impartial..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Opposite party a practicing lawyer - Not a ground to transfer suit when there is no concurrent reason that said person in any manner may influence the proceedings of the matter - Transfer of suit not allowed as transfer of a case from one Court to another indirectly casts doubt on the competence and integrity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 7 -- Shamilat deh - Suit for declaration & possession - Land in question Shamilat Patti Sayar, i.e. common village lands the user of which is not confined strictly to cultivation - Grant of land to `H' and `M' was for repairing of agricultural implements of the villagers by them - They were legally..........
Transfer of Property Act, 1882, Section 60, 62, 72 -- Mortgage - On redemption of mortgage, tenancy created by mortgagee also comes to an end - Mortgagee continuing in possession after redemption as tenant of mortgagor is regarded as a clog on redemption - Position is not different if mortgagee's tenants continue in possession after redemption...........
Hindu Law -- Partition - Separate property - Partition has already been effected about 40-43 years ago - After the death of father of plaintiff her mother became absolute owner of separate property left by her father - In the capacity of an absolute owner of suit property sale deed executed by her was valid and genuine as she was possessed of property of her husband on..........
Indian Penal Code, 1860, Section 147, 148, 149, 302, 336, 427, 504, 120B, Criminal Amendment Act, Section 7 - - Rioting - Murder - Prayer as to transfer of case to C.B.I for investigation by accused - Investigation of Criminal case may not be conducted at the choice of accused but fair investigation is right of both complainant and accused - No proper reason to say that..........
Transfer of Property Act, 1882, Section 106 -- Notice - Eviction suit - Plaintiff proved that he had sent the notice to defendant by registered post at the correct address and same was returned with postal endorsement of `refusal' - Presumption u/s 114 of Evidence Act r/w S.27 of General Clauses Act raised against defendant that he had refused to accept the said notice -..........
