Hiba -- Transfer of possession of suit property is an essential ingredient of hiba...........
Hiba -- Oral - Suit for declaration of ownership and possession - Written hibanama was preceded by oral hiba - PWs had not proved possession of plaintiff over suit premises - Even, oral hiba was not proved by any witness, as they never recognize the donor - At the time of execution of hibanama donor was still continuing in possession over suit premises - No statement in..........
Civil Procedure Code, 1908, Section 25 -- Transfer of suit - Question as to whether Court in which suit is instituted has territorial jurisdiction to try and determine the suit cannot be gone into in a petition for transfer of suit u/s 25 of the Code - This point is required to be urged before the Court in which suit is pending...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Matrimonial dispute - Wife sought transfer of case as she does not have any independent source of income - She is dependent on her parents who are poor and she cannot bear travel expenditure to attend Court at Siddipet which is about 100 kms away from her present residence at Hyderabad and she is not getting any..........
Civil Procedure Code, 1908, Section 39 -- Transfer of execution proceedings - Executing Court suo moto transferred the execution proceedings from one State to another State - However, neither JD has any right to file such an application nor executing Court is vested with any such power to transfer proceedings on its own motion to another State in view of S.39 CPC - Such..........
Transfer of Property Act, 1882, Section 123 -- Gift settlement deed - Unilateral cancellation of settlement deed by execution of cancellation deed is not permissible at the instance of donor, particularly when there is a specific recital in settlement deed that donor has no power to revoke gift deed and even if she cancelled the deed, said cancellation would not be valid -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by wife - Application for restitution of conjugal rights and for declaration of guardianship and custody of minor children filed by husband sought to be transferred by wife - Interim order granting custody of children to husband is still in force and therefore, contention of wife of children being in..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petition by husband - Application seeking maintenance for children and for recovery of money due towards past maintenance filed by wife sought to be transferred by husband - Forum chosen by wife in said application, cannot be changed for mere asking - Other than convenience of parties, no ground has been raised..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Cancellation of transfer deed - Property in question transferred from mother to son by playing fraud - Son neglected his mother and not providing basic amenities despite fact that property was transferred in his name - Mother who is 76 years old suffering from various ailments - Transfer deed..........
