Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act dealing with doctrine of lis pendens is not applicable as proceedings were collusive in nature...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - While considering transfer of a matrimonial dispute at the instance of wife, Court 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 cannot travel alone..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition filed u/s 9 of Hindu Marriage Act - Distance between place of residence of wife and place of proceedings u/s 9 of Hindu Marriage Act is about 140 kms, one side - Issuance of notice to husband has consequences of staying further proceedings before trial Court, otherwise wife..........
Transfer of granted land -- Resumption/restitution - Father of respondent was granted land in 1957 and thereafter land was sold many times - Respondent attained age of majority in the year 1989, 10 years after the passing of Act of 1978 - However, respondent took no steps to seek annulment of sale made by his father in the year 1964 - Appellant is fourth in line of..........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to direct transfer of undertrial prisoner from one jail to another vests with Magistrate/Court which had remanded detenue to a certain prison...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Merely because prisoner had been an undisciplined prisoner creating difficulties for jail staff, shall not suffice in the matter so as to warrant his transfer from one place to another...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
