Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Transfer of cases sought on the ground that there is refusal by advocates to represent husband in legal proceedings - However, husband being represented by one of such..........
Criminal Procedure Code, 1973, Section 407, 125, Protection of Women From Domestic Violence Act, 2005 -- Transfer of two separate petitions u/s 125 Cr.P.C. and petition filed under Domestic Violence Act - Husband sought transfer of two cases because he has an apprehension qua his false involvement in cases by brother of wife - However, husband is appearing in cases in..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Suit for permanent injunction filed on 21.07.2003 and an order of injunction obtained on 28.07.2003 - As on 21.07.2003 doctrine of lis pendens would take its effect...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Even if S.52 of the Act is not applicable in its strict sense, then too principles of lis pendens which are based on justice, equity and good conscience would certainly be applicable...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Release deed and sale deed executed during pendency of suit for permanent injunction and during operation of temporary injunction order - Subsequent purchasers will be bound by lis pendens and cannot claim they are bonafide purchasers for valuable consideration ...........
Agreement to sell -- Registered agreement with possession - Entire stamp duty leviable on sale consideration paid at the time of registration of agreement - Stamp duty was, thus, not leviable on the sale deed executed pursuant to the agreement to sell with possession as no stamp duty can be twice levied on the sale consideration with respect to one transfer...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of gift deed - Fraud or coercion - It is not permissible for the Tribunal, while exercising powers under S.23(1) of the Act, to pronounce upon generally that the transfer of the property by way of gift or otherwise was fraudulent or that the transferor was guilty of fraud or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Cheating - Quashing of FIR - Matter purely civil in nature - Case is of money advancing for which no written document was executed to indicate its purpose or import as such whether it was a loan advance or an advance payment for transfer of property, is not borne out from record - FIR itself do not disclose any cognizable..........
