Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Application u/s 24 CPC allowed by District Court - If party is aggrieved by order passed by District Court, it cannot further invoke jurisdiction of High Court u/s 24 CPC to undo District Court's order - Application u/s 24 CPC before High Court dismissed...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Doctrine of lis pendens as provided u/s 52 of the Act does not render all transfers pendente lite to be void ab-initio, it merely renders rights arising from such transfers as subservient to the rights of parties to the pending litigation and subject to any direction that Court may pass thereunder...........
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...........
