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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint u/s 138 of N.I Act cannot be transferred as per convenience of accused - Since accused is a woman and a senior citizen, therefore, she can always seek exemption from personal appearance - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial dispute - Convenience of wife has to be seen more in matrimonial cases - Request of wife can be declined only if there are weighty reasons behind the same...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - In order to adjudicate and decide an application for transfer, it is balance of convenience which has to be considered foremost...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of proceedings on the ground that she has minor child to take care of and has no financial support - Husband on the other hand opposed the transfer petition on medical grounds - Considering medical ground of husband, liberty..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Transfer of Property Act, 1882, Section 54 -- Sale - Of immovable property of value less than Rs.100/- - If possession is given, then transfer takes place u/s 54 of the Act...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Convenience of accused - Convenience of accused alone cannot be a criteria for the same - Convenience of accused cannot outweigh convenience of victim as well as police officers who are to handle the case...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Safety concerns raised by accused, alone cannot be reason to allow transfer as sought for by accused...........
