Consumer Protection Act, 1986, Section 2(1)(g), Motor Vehicles Act, 1988, Section 157 -- Insurance claim - Transfer of vehicle - Intimation not given to the appellant - insurer - Held that unless the policy is transferred in the name of the purchaser, the latter cannot claim any compensation from the Insurance Company...........
Transfer of Property Act, 1882, Section 58(d), Limitation Act, 1963, Article 61(a) -- Usufructuary mortgage - Redemption - Limitation - No time limit fixed for redemption - Property can be redeemed at any time as the right to seek redemption would not arise on the date of mortgage but will arise on the date when the mortgagor pay or tender to the mortgagee or deposits in..........
Civil Procedure Code, 1908, Section 24 -- Divorce petition - Transfer of case - Case filed at West Tripura, Agartala - Wife living with minor child at her parental home at Howrah (West Bengal) - Case transferred to Court at Howrah...........
Civil Procedure Code, 1908, Section 16 -- Jurisdiction - Specific performance of MOU in respect of property - Suit filed not only for mere execution of an instrument but also seeking mandatory injunction for all consequential steps i.e. transfer of possession, handing over the premises and enjoyment of premises - Held, jurisdiction lies in a Court where property is..........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Exclusive possession of a party to suit premises is not conclusive as the other tests namely intention of parties and whether the document creates any interest in the property or not are important considerations - In the facts of present case defendant was allowed to run the..........
Stamp Act, 1899, Section 47A -- Agreement to sell - Decree of specific performance - Registration of sale deed - Stamp duty - Ostensible sale price given in the transfer deed is to be accepted by the Registering Authority...........
Criminal Procedure Code, 1973, Section 406, Civil Procedure Code, 1908, Section 25 -- Transfer of writ petition, writ appeals and suits - Supreme Court ordered that all the writ petitions and writ appeals shall be heard and disposed by High Court - Also directed that writ petition will be tagged with writ appeals which were to be hard by Division Bench - Also directed that..........
Criminal Procedure Code, 1973, Section 156, 482, Prevention of Corruption Act, 1988, Section 7, 13(1)(d)(e), 13(2) -- Change of Investigation Officer - Complainant stepped into the shoes of IO - His wife was one of the beneficiaries who was involved in the affairs of the housing society for the land sold by petitioner in the form of plots - Since serious allegations have..........
Criminal Procedure Code, 1973, Section 482 -- Investigation - It is not within the province of the Court to direct the investigating agency to carry out the investigation in a particular manner, but the Court is required to interfere with the functioning of the Investigating Agency only in exceptional cases or transfer the investigation of the case to an independent agency..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - An order of transfer must reflect application of mind by the Court and the circumstances which weighed in taking the action...........
