Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - When convenience of wife and husband is considered, convenience of wife must prevail, more so, when wife has minor children with her...........
Transfer of Property Act, 1882, Section 53A -- Part performance - For taking benefit of the provision of S.53-A of the Act, any document executed pursuant to Registration and other related Laws (Amendment) Act, 2001, the same to be registered...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - If a sale deed in respect of immovable property is executed without payment of price and it does not provide for the payment of price at a future date, it is not a sale at all in the eyes of law - Such a sale will be void and it will not effect the transfer of immovable property...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Without payment of consideration - Sale deed executed by power of attorney holder, in favour of wife and minor sons - Wife and minor sons having no earning capacity - No evidence adduced about payment of price mentioned in the sale deeds as well as the earning capacity at the relevant time of his wife and minor sons..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Sale of 2 properties took place between parties - Cheque which is subject matter of the case was issued in respect of only one of the properties and transfer of money which had taken place was in respect of another property - Even, belated plea which has been taken is insufficient to overcome the..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of a case - Mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating said ground...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit for Specific performance - Mortgage of property during pendency of suit - Appellants derived their right from alleged mortgage which was entered into during pendency of suit - Both the Courts thus, rightly found that alleged mortgage in favour of predecessor in interest of appellants is governed by..........
Industrial Disputes Act, 1947, Section 9A -- Notice of change - Transfer order - Respondents were transferred suddenly from 900 kms away from the place where they were working at the fag end of their service career - Nature of service conditions and nature of work would be changed - S.9-A of the Act thus, attracted - In the absence of notice u/s 9-A of the Act, transfer..........
Industrial Disputes Act, 1947, Section 2(s) -- Employee - Transfer order - Concurrent findings recorded by Labour Court as well as Single Judge that concerned employees were `workmen' as per S.2(s) of the Act - PW1, PW2, DW1 and DW2 proved that concerned employees were workmen - Employees held, entitled to protection under the Act...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - There is no limitation period in case of usufructuary mortgage - `Once a mortgage always a mortgage'...........
