Agreement to sell -- Execution of power of attorney and Will alongwith agreement to sell - Does not confer title - Such documents cannot override the provisions of law which require execution of a document of title or transfer and its registration so as to confer right and title in an immovable property of over Rs.100/- in value...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Not a transaction of sale or a document transferring the proprietary rights in an immovable property but prospective purchaser having performed his part of the contract and lawfully in possession acquires possessory title which is liable to be protected u/s 53-A of the Transfer of..........
Civil Procedure Code, 1908, Section 24, 151 -- Transfer of divorce petition at the instance of wife - Minor children of parties are residing with husband and as such he has to take care of them - Wife has not filed any petition for custody of children - Moreover, wife is unable to show as to why she is unable to travel - Husband on the other hand is working and is solely..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Transfer of case to Children's Court - Accused was 16 years 9 months and 7 days at the time of commission of offence - He was declared juvenile by JJ Board - However, Magistrate instead of sending file to JJ Board has passed the order taking cognizance - Magistrate has no power to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial dispute - At the instance of wife - Court while considering transfer of matrimonial case at the instance of wife, is to consider the family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important convenience of wife i.e she..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Both the parties are doctors - Court is not inclined to go into the acrimonious allegations levelled by parties against each other - Convenience of wife is to be looked into in matrimonial disputes - Case transferred from Jalandhar to Chandigarh Court...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Sought by a person not party to the proceedings - Application is not maintainable...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Transfer of trial to Children's Court - Accused was 16 years 5 months of age on the date of incident - He was thus, between the age bracket of 16 to 18 years - Social Investigation Report and interaction with Board did not find any factor which would undermine his mental or physical capacity or..........
