Civil Procedure Code, 1908, Section 24 -- Transfer of case - Rival litigant an Advocate - Not a ground for transfer of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - llegations about influence of litigant-advocate is not sufficient, more particularly when litigation is pending between parties since long and they were represented by counsel from local bar...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Applicant filing an application seeking transfer has to pin point the circumstances under which he gathers impression that justice will not be done - He is not required to demonstrate that justice will inevitably fail...........
Agreement to sell -- Prohibition on transfer - Mere execution of agreement to sell does not amount to transfer...........
Agreement to sell -- Prohibition of transfer on vendor - Suit property was gifted by Gram Panchayat to vendor/predecessor in interest of defendants with a condition of not to alienate property for a period of 20 years - After expiry of 20 years of gift deed vendor became eligible to transfer property - Even otherwise, if vendor is held to be ineligible to transfer..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Transfer to be void - S.23 of the Act does not enable Sub-Collector or District Collector to function as a Civil Court to decide questions of fraud, undue influence, coercion etc. alleged to have been perpetrated on petitioner...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Judge cannot be presumed to be biased merely because a litigant's relative is a junior official in the same district Court or a police officer within the Court's jurisdiction...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447 -- (Criminal Procedure Code, 1973, S.407) - Transfer of case on the ground of judge being biased - Husband contended that he faced serious threat to life at a place `S' where wife's people are influential - Husband who is an accused in proceedings could seek for appearance through a counsel or by video conferencing,..........
Civil Procedure Code, 1908, Section 39 -- Execution - Arbitral award - Enforcement of an award through execution can be filed anywhere in country where such decree can be executed - There is no requirement for obtaining a transfer of decree from Court which would have jurisdiction over arbitral proceedings...........
