Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - Once it is proved or an inference can be drawn that it is a fraudulent transfer u/s 53 of the Act, then burden is heavy on the objector to prove that he is a bona fide purchaser for valid consideration in good faith...........
Transfer of Property Act, 1882, Section 54 -- Sale - A sale cannot be said to be a contract...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Sale in favour of minor - Minor can be a transferee though not a transferor of immovable property...........
Agreement to sell -- Specific performance - Transfer pendente lite - Once sale agreement in favour of plaintiff is proved, subsequent sale during pendency of suit is hit by doctrine of lis pendens - Suit for specific performance rightly decreed by High Court...........
Criminal Procedure Code, 1973, Section 235(2) -- Conviction - Sentence - Transfer of Presiding Officer after accused was convicted - New Presiding Officer was required to hear the accused on quantum of sentence only and not on the question of conviction...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on account of death of father of plaintiffs - Plaintiffs claim in the suit originally was challenge to transfer deed executed by their father and his wife - They asserted their claim over the estate of their parents - During the life of father, plaintiffs had no cause of action to seek..........
Constitution of India, 1950, Article 226 -- Transfer of investigation to CBI - High Court is empowered to entrust investigation to CBI while exercising its powers u/art 226 of Constitution - However, High Court has to come to a reasoning as to why it finds that investigation by State Police is not fair or is partisan - Merely on the basis of some letters such an exercise..........
Civil Procedure Code, 1908, Section 92, Religious Endowments Act, 1863, Section 2 -- Suit u/s 92 CPC and S.2 of 1983 Act in the State of UP Can only be filed in the Court of Principal Civil Court of original jurisdiction i.e the Court of District Judge and not in any other Court - District Judge can decide the suit himself or he may transfer it to an Additional District..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Domestic Violence case to Family Court - Original jurisdiction to file application u/s 12 of PWDV Act is only with jurisdictional Magistrate - Jurisdiction of Family Court and DV Act Court are concurrent - Transfer of such proceedings to Family Court would also take away the right of aggrieved women to avail the right..........
