Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge over husband's property - During dormant stage of wife's right, a purchaser cannot be presumed to have knowledge of such a right for the purpose of invoking S.39 of the Act or S.28 of Hindu Adoptions and Maintenance Act - However, it is open for wife to establish actual knowledge on the part of purchaser..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere apprehension of adverse order cannot be a ground for transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Appearance of presiding officer in a public gathering of handing over of land by revenue officials which figures respondent no.3 cannot be a ground for transfer - Application dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Only when reasons/grounds for transfer are mentioned and their veracity is considered, Court can arrive at conclusion about need for transfer...........
Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Where parties are ad idem on question of transfer, need for a detailed comparative examination of balance of convenience stands considerably diluted...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife must be afforded priority while considering transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Consensual transfer - When transfer is sought and is not opposed and Court finds no legal impediment, such transfer would clearly sub-serve ends of justice - Requirement of recording reasons is sufficiently met by noting consent of parties coupled with Court's satisfaction regarding propriety of transfer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Husband does not wish to oppose transfer application - Nothing in provision S.24 CPC prohibits Court from ordering transfer where both parties agree or where opposite party raises no objection - Application allowed with directions...........
