Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider 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..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application for custody of child - Convenience of child has to be given preference and weightage while transferring application for custody of child...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Inconvenience of Power of Attorney Holder, cannot be taken as a ground to order transfer of a case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of application for custody of child and husband sought transfer of divorce petition - Child is a permanent resident of Palakkad - Since both husband and wife filed application under Guardians and Wards Act for custody of child, necessarily child will have to be produced before..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Proceedings u/s 125 Cr.P.C - Wife sought transfer of case on the grounds of apprehension of danger to life and financial crisis - However, no ground for transfer of case from one district to another is made out - Rules 2020 gives choice to litigant to approach Court using digital technology - Digitization..........
Transfer of Property Act, 1882, Section 106 -- Lease - Permission granted to run brick kiln - Such permission however lacking essential ingredients of lease since there is no recitation as to what is the premium or rent payable - Permission not a lease...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Generally, it is wife's convenience which must be looked at while considering transfer petition...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife is a young lady aged about 21 years staying alone along with her aged parents - She does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood - It is difficult for her to travel all the way from Chennai to Vellore to attend..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case, balance of convenience and irreparable loss were in favour of plaintiff - But despite that trial Court permitted non-applicant to sell suit property or part thereof and/or to create third party rights in suit property - Order of trial Court is found to be arbitrary and capricious..........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - Plea of territorial jurisdiction or lack thereof cannot be entertained by Supreme Court while exercising its jurisdiction u/s 25 CPC...........
