Constitution of India, 1950, Article 32 -- Transfer of FIRs - All FIRs except two FIRs are transferred to IFSO unit of Delhi Police - In FIRs transferred to Delhi Police, petitioner was co-accused - There cannot be two investigating agency with respect to same FIRs/Complaints arising out of same incident with respect to different co-accused - On the ground of parity, FIRs..........
Rent and Eviction -- Landlord and tenant relationship - Transfer of leased out property - Transferee, in the absence of any contract to the contrary, shall possess all the rights of landlord - Attornment by lessee is not necessary for the transfer of property - Transferee becomes landlord of lessee - Jural relationship between landlord and tenant established. (Transfer of..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Convenience of parties is not the ground to seek transfer of petition but hardship that would cause to parties should be looked into - Travelling 70 kms to attend Court is commutable in nature - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of 16 criminal cases - From four different States to one Court in Mumbai - Multiple FIRs across four States have been filed against petitioner and other accused persons containing broad and common allegations pertaining to act done in collusion by accused persons to defraud the complainants and misappropriate the money..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - No reason to entertain transfer petition - However, considering circumstances on record including advance age of parties, trial Court directed to expedite process and conclude proceedings as early a possible and preferably within one year - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Some adverse orders passed - It cannot be said that orders on judicial side are passed under influence - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
