Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Civil Procedure Code, 1908, Section 100 -- Decree against transferor - Leave to file second appeal by transferee pendente lite - Plaintiff has succeeded in proving his title through original owner and applicants are claiming through transferor/respondent no.5 who acquired title from legal heirs of original owner - However, in view of transfer of title by original owner in..........
Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Husband and wife both are in Government service in Jaipur - It is not just and proper to transfer case outside Rajasthan to a remote place in Kurukshetra in Haryana at the instance of wife - Father-in-law of wife was Assistant Superintendent of Police but he has now retired - There is no allegation in..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for specific performance - Defendant acquired the suit property from her father through registered settlement deed - Recitals of document clearly show that defendant is having only life interest in suit property - Defendant has no right to transfer suit property to third parties including execution of..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Due execution - Execution of sale deed is not proved by its vendor since scribe of sale deed admitted that he did not know vendor or his handwriting or signature - Scribe of sale deed also could not say whether vendor executed sale deed before Sub-registrar - Execution of sale deed thus, not proved being not..........
Stamp Act, 1899, Section 33, 40, 47A -- Proceedings u/ss 33, 40, 47-A of the Act - Maintainable against an assessee even if no benefit has been derived from unregistered instrument of transfer...........
Stamp Act, 1899, Section 33 -- Deficient stamp duty - Valuation of transfer/document and deficiency of stamp duty thereupon is to be assessed as on the date of execution of such instrument and not from the date of when proceedings are initiated under the Act...........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
Transfer of Property Act, 1882, Section 51 -- Encroachment of land - Structures made thereon, in absence of any title, at own risk - Encroacher cannot be treated as a `transferee' within the meaning of S.51 of TPA - Benefit of S.51 of the Act, thus cannot be given to encroacher...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case at the behest of husband - Health condition of husband who suffered brain cancer not denied by wife - Case transferred in view of exceptional circumstances...........
