Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Plea of jurisdiction rejected in an application filed U.O.7.R.11 CPC - Same argument of lack of jurisdiction cannot be raised in a petition seeking transfer of proceedings while having accepted the said finding recorded in an application U.O.7.R.11 CPC and by not seeking judicial redress against the same...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to incorporate the plea that tenancy is protected u/s 114 of Transfer of Property Act - Said provision is attracted only where a lease of immovable property is determined by forfeiture and not otherwise - Admittedly, this is not the case in hand - Proposed..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Whether senior citizen has any independent income or not is not the relevant factor to be considered while deciding an application filed by senior citizen for setting aside the transfer deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Relevant factor to be considered while deciding an application for cancellation of transfer deed is as to whether beneficiary provided the basic amenities and basic physical needs to transferor, more so, when the transfer was made subject to the said condition...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Respondent no.4 is the mother of petitioner and respondent no.5 - Nothing on record to even remotely show that basic amenities were being provided by petitioner to mother - Moreover, even with respect to the fact of rent and pension being..........
Service -- Transfer order - Judicial review - Judicial interference is not warranted in absence of : (i) pleadings regarding malafide; (ii) non-joining the person against whom allegation are made; (iii) violation of any statutory provision; (iv) allegation of transfer being detrimental to the employee who is holding a transferable post...........
Service -- Transfer order - Judicial review - Transfer order has been issued in public interest after due application of mind and without any malafide intentions - Plea of malafide against transferring authority has not been agitated even before Supreme Court or High Court - Even, transfer order is also not alleged to be violative of any prescribed statutory provision -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
