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...........
Transfer of Property Act, 1882, Section 116 -- Termination of lease - Mere acceptance of rent by landlord after expiry of period of lease would not amount to waiver of termination of lease...........
