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 24 -- Transfer of case on the ground of bias - General statement to the effect that concerned Court is doing favour to other side, is not sufficient for purpose of establishing any bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case on the ground of bias - Orders adverse to party cannot be the reason to doubt fairness of Presiding Officer and parties do have legal remedies to challenge the same before higher forums...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Mere allegation without any credible evidence cannot be taken as granted to transfer proceedings from one place to another...........
Civil Procedure Code, 1908, Section 24 -- Transfer of restoration case - Applicant/husband sought transfer of restoration proceeding filed by wife that emerged pursuant to ex-parte decree passed in suit for divorce filed by husband himself at Gonda and wife although being a lady, has not expressed any inconvenience in pursuing said proceeding at Gonda rather vehemently..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Registered sale deed in favour of original applicant was executed prior to institution of suit - In such circumstances, essential condition for invoking attachment before judgment U.O.38.R.5 CPC that property belongs to defendant on the date of institution of suit is absent - Plaintiff's remedy,..........
Civil Procedure Code, 1908, Order 38, Rule 8, Transfer of Property Act, 1882, Section 53 -- Attachment before judgment - Determination of whether sale deed is fraudulent is exclusively governed by S.53 of T.P Act and claim petition procedure O.38.R.8 CPC cannot substitute or override statutory safeguards and requirements of such substantive proceedings...........
Transfer of Property Act, 1882, Section 53 -- Fraudulent transfer - U/s 53(1) of the Act, transaction would be voidable only if it is proved to have been made with an intend to defeat or delay creditors...........
Criminal Procedure Code, 1973, Section 407 -- Transfer and consolidation of two cases - Both the offences relates to same chain of events and accused in both the cases are same - Filing of second FIR by police is thus, not proper - Same accused are being forced to face two trials and in two trials, evidence will have to be adduced separately - Since series of events..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where there is a private transfer or delivery of property attached in pursuance of any agreement of sale which was entered into and registered before attachment, S.64(1) CPC would not be attracted, which makes private alienation of property after attachment to be void...........
