Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Preference of lady should be given precedence relating to matrimonial matters - Transfer petition filed by wife allowed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife along with minor child will prevail and it has to be given preference over the convenience of husband...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Husband willing to pay conveyance charges to the wife - Wife not gainfully employed - Husband not paying maintenance either to his wife or to child - Husband had not taken any steps ever since the birth of minor child either to look after him or to pay any maintenance - Offer of husband to pay..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Transfer u/s 407 Cr.P.C. from one Court to another is not to be made in a casual and perfunctory manner and it must be on the basis of some good ground existing and substantiated on record...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Merely because application of applicant u/s 319 Cr.P.C was rejected by trial Court, it cannot be a ground to transfer of case from that Court, particularly when statements of some witnesses have already been recorded by that Court - More so, no specific material could be shown so as to indicate that..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of case - Plea that same will be inconvenient to the power of attorney holder of husband - Inconvenience of power of attorney holder (whether he is male or female) is not a reason to deny transfer sought by wife - In the instant case taking note of convenience of wife, transfer petition allowed...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Court shall be deemed to be Court of competent jurisdiction if at the time of making application for transfer it had pecuniary competence to try the suit as per S.39(3) CPC...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Jurisdiction cannot be conferred by consent of parties if Court is lacking pecuniary jurisdiction...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Merely because applicant is a wife, Court should not be swayed by emotions tilting towards fairer sex...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Husband is a dealer while wife is a house wife - Making husband attend proceedings at a far off place would cause harassment to husband who is already seeking restitution of conjugal rights...........
