Court Fees Act, 1870, Section 7(IVA) -- Court fee - Suit for cancellation of registered sale deed - Property in question is agricultural land - If any deed of transfer has been executed and registered in respect of an agricultural land a suit for cancellation of such instrument is filed, it will be valued on basis of land revenue and not on basis of consideration money or..........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Land in question was leased to religious, educational and other institutions - Celebrating a religious function in said land on a day does not amount to use by lessee of said land for a purpose other than that for which property was leased - Determination of lease by forfeiture, is not proper...........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Apprehension of not getting a fair and impartial justice is required to be reasonable based on strong material and not hypothetical - Merely making vague allegation that there is an apprehension in the mind of applicant that justice will not be done alone would not be sufficient - Application dismissed...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - S.23(1) of the Act covers all kinds of transfers which is clear from the expression `by way of gift or otherwise' - For applicability of the provision two conditions must be fulfilled, viz. (a) The transfer must have been made subject to the condition that the..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property by senior citizen in favour of his or her near and dear ones - Condition of looking after senior citizen is not necessarily attached to it - Therefore, when it is alleged that conditions mentioned in S.23(1) of the Act are attracted to a transfer, existence of such..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property - Cancellation - Transfer subject to condition of providing basic amenities and basic physical needs to the transferor senior citizen is sine qua non for applicability of S.23(1) of the Act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Application u/s 23 of the Act for cancellation of transfer deed - Not maintainable in the absence of clause in document imposing an obligation on settlee or transferee to maintain settlor and transferor...........
