Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
, Section 3, 4 -- Government service - Transfer of employee - No Government servant can be transferred unless he competed his tenure of posting - However, in case of administrative exigencies and exceptional circumstances, there is no absolute bar on transfer of employee who has not completed his tenure of posting...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - District Attorney is seen talking to another advocate - Does not mean that District Attorney is not doing her duties properly - No ground transfer the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - District Attorney posted at a particular place - Not a sufficient ground for transferring the case on mere asking of party - Moreover, if a party has any grouse against District Attorney, he can approach the authorities for changing the prosecutor in the case - No ground to transfer the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Since all the grounds mentioned by petitioner for transfer of trial are totally frivolous and seems to be emerging only from his caste bias therefore, in normal course it would be appropriate case for burdening the petitioner with exemplary cost - However, since petitioner also claims to have some concerns..........
Transfer of Property Act, 1882, Section 122 -- Gift - Cancellation - Deed executed for consideration and was in any case conditional subject to the condition that donee would look after the petitioner and her husband and subject to the condition that gift would take effect after the death of donor - There was no complete gift of property in question by the appellant to the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Scope - Power u/s 24 CPC cannot be exercised ipse dixit without stating anything whatsoever as to the allegations of bias and/or malafide...........
Civil Procedure Code, 1908, Section 24 -- Application for transfer of election petition - An order for transfer of case should be made only for good and sufficient reasons and on grounds, set out in application which may justify the transfer - Court provided enough opportunities to petitioner to lead her evidence but she failed to raise the same - No ground to allow..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, 23(1) -- Jurisdiction of tribunal - Suit for recovery of possession - Essentials of S.23(1) not fulfilled - Admittedly, petitioner and respondent-senior citizen are strangers - Transfer of disputed premises to petitioner was not subject to any condition as mentioned in S.23(1) of the Act - Thus,..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Crime in question involving high ranking officials of State as well as Central Government - For instilling confidence in the minds of victims as well as public at large, High Court predicated that it was but necessary to entrust..........
