Civil Procedure Code, 1908, Section 25 -- Transfer of divorce petition - Wife sought transfer of petition from MP to Rajasthan - However, divorce petition is at an advance stage - Divorce petition not liable to be transferred - Husband directed to pay a sum of Rs.4000 to wife for appearance on each date of hearing...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Allegation of bias against Presiding Officer of Family Court - Talking to a party in chamber by Presiding Officer of Family Courts is part of business and cannot be held as biasness on the part of Presiding Officer...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Allegation of bias against Presiding Officer of Family Court - Both the parties made request to Presiding Officer to hold a chamber counseling - Presiding Officer referred the parties to conciliation - Petitioner has not substantiated whether Presiding Officer has actually spoken to respondent in her chambers -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18(3) -- Juvenile - Accused is decidedly above 16 years of age which has not been controverted and offence for which he is accused of, is a heinous offence as per S.2(33) of JJ Act - Board by way of extra caution, did not totally bank upon Probation Officer's report but has individually prepared a..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Transfer on allegation that a person may not get complete justice from Court is a serious issue - Once an order is passed against which respondent had consciously availed a remedy of filing a review, in such circumstances, it cannot be said that by making a bald allegation that they do not have faith or that..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - When delivery of possession was effected in furtherance of sale deed, it would amount to notice to all concerned...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attested by two attesting witnesses - Dispute as to status of one of attesting witness - When document appears to have been executed with two attesting witnesses, it cannot be avoided or ignored without intervention of Court and without adjudication of disputed status of witnesses, for which necessarily there..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Attestation - Document of gift having only one attesting witness would be void ab initio - But when there are atleast two attesting witnesses to document, document would not stand as ab initio void on the ground that one among the witnesses did not possess required animus testandi, for which there should be an..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchasers - Suit for specific performance - Plaintiff and subsequent purchasers are residing in the same village where suit land is located - Subsequent purchasers failed to prove that they had no knowledge of agreement to sell - Subsequent purchasers are not bona fide purchasers...........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
