Negotiable Instruments Act, 1881, Section 138, 142(2)(a), Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Cheque was presented by complainant for encashment with his banker at Bank in District Hamirpur - In view of amendment of S.142(2)(a) of N.I. Act, jurisdiction to try complaint vested with Court of competent jurisdiction in..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Complaint is only at the stage of investigation - Nothing is pending before any Court as on date - Moreover, there are relevant provisions in Cr.P.C such as S.160 Cr.P.C. which act as a safeguard - No good ground to transfer of investigation - Application rejected...........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Wife has a girl child who is just 2 years old - She is living with her parents - Transfer petition filed by wife allowed - However, as and when, husband makes a request, on account of his occupation to appear through video conferencing, he shall be accommodated by transferee Court...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Inter State transfer - S.25 CPC applies to inter State transfer of a suit, appeal or other proceeding where both the States have a High Court in terms of Art.214 of Constitution and not to a transfer where both States have a common High Court u/art 231 of Constitution...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - Onus is upon transferor who invokes S.23 of the Act to show that transfer of property in dispute either by way of gift or otherwise bore condition that transferee shall provide basic amenities and basic physical needs to transferor...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Civil Procedure Code, 1908, Section 100 -- Decree against transferor - Leave to file second appeal by transferee pendente lite - Plaintiff has succeeded in proving his title through original owner and applicants are claiming through transferor/respondent no.5 who acquired title from legal heirs of original owner - However, in view of transfer of title by original owner in..........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
