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...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Civil Procedure Code, 1908, Order 41, Rule 17(1), 19 -- General Rules (Civil), 1957, R.89-A - Appeal - Dismissed in default - Appeal cannot be dismissed on merits in absence of appellant - Nothing on record to demonstrate that appellant or his counsel was present at the time of transfer of appeal or at the time of receiving appeal or at the time of hearing of appeal -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Mere fact that applicant is a lady and she had difficulty in travelling may not detain Court for the reason as she is traveling daily from Lucknow to Barabanki for her job - Moreover, husband is willing to pay charges for her travel - Transfer application disposed of with..........
Transfer of Property Act, 1882, Section 123 -- Registered Gift deed - Deceased executed registered gift deed in favour of her daughter/defendant out of love and affection, as she was taking care of deceased during his old age - Execution and registration of gift deed in favour of defendant is not disputed - There is presumption that a registered document is validly..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Land Acquisition case - Land Acquisition, Rehabilitation and Resettlement Authority not a Court subordinate to High Court within meaning of S.24(1)(a) of the Code, though may be regarded as Tribunal subordinate to High Court for the purpose of superintendence under Article 227 of the Constitution - Transfer application..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9, 25 -- Transfer of application u/s 25 of Guardians and Wards Act - Minor son is residing with his mother at Sriganganagar - Application for guardianship of minor shall be made to District Judge having jurisdiction in the place where minor ordinarily resides - Moreover, other proceedings..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial petition - While considering transfer of matrimonial proceedings u/s 24 CPC, guiding principle is hardship and inconvenience to the wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial petition - Wife residing in her parental house with her two years old child who was born premature - Distance between place where matrimonial petition is filed from the place where wife is residing is 910 kms and it takes 20 hours in travelling - Wife does not appear to have any source of income and is..........
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 61 -- Usufructuary mortgage - Redemption - Limitation - Bar of limitation of 30 years for redeeming a mortgage would not be applicable in case of Usufructuary mortgage - Usufructuary mortgagee therefore, not entitled to file suit for declaration claiming ownership of mortgage property on expiry..........
