Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - Powers of High Court - High Court in exercise of power u/s 24 CPC can transfer an application filed u/s 12 of PWDV Act before Magistrate Court to Family Court - However, Court has to be judicious and careful in exercising power of transfer for the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application u/s 12 of PWDV Act from Magistrate Court to Family Court - At the instance of husband - If conflict of judgment on same facts and between same parties is the sole ground of transfer, every transfer petition filed by husband will have to be allowed by Court making choice of wife to Magistrate meaningless -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of cases - When most of properties are situated within jurisdiction of District Courts at place `R' and all the parties are also permanent residents of said place, it is desirable to dispose of all the cases pending between parties by District Court at place `R' - Application allowed...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Validity - Sale consideration paid by cheques - Cheques subsequently dishonoured - Sale deed is not vitiated in law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Essentials of a valid gift u/ss 122, 123 of the Act are execution, registration and acceptance by donee during the lifetime of donor - Delivery of possession may be one mode to prove acceptance - An express acceptance is not necessary for completing the gift...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Recital in gift deed and release deed wherein donor specifically acknowledged that donee accepted the gift and possession of property was delivered to donee, are sufficient to establish acceptance of a gift...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift - Acceptance of gift - Handing of gift deed to donee, also amounts to a valid acceptance of gift...........
Transfer of Property Act, 1882, Section 123 -- Gift - Cancellation - Unilateral cancellation of gift deed is bad in law and not legally sustainable in the absence of any right for revocation of deed in the deed itself...........
Transfer of Property Act, 1882, Section 123 -- Gift - Once there is an admission of gift by parties in the proceedings and the donor herself, there is no need to give evidence in proof of the execution of gift deed...........
