Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Hindu Succession Act, 1956, Section 22, Transfer of Property Act, 1882, Section 123 -- Preferential right of heir to acquire property - Gift to stranger - Gift of immovable property to a stranger is transfer within ambit of S.22 of Hindu Succession Act and heir coming within Class-I of Schedule under Hindu Succession Act is entitled to preferential right...........
Hindu Succession Act, 1956, Section 22 -- Preferential right of heir to acquire property - S.22 of the Act has no restrictive applicability in case of proposed transfer if transfer has been affected without knowledge of heir, still heir can maintain proceeding invoking preferential right enshrined u/s 22 of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Transfer of Property Act, 1882, Section 39 -- Maintenance to wife - Charge created over husbands property - Mortgage executed by husband over one of the properties - Held, S.39 TPA will take care of situation and that cannot by itself defeat the rights of wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife sought transfer of divorce petition filed by husband from District Ajmer to District Pali - Proceedings u/s 125 Cr.P.C also pending in Court at Pali - Since the place where divorce petition is pending is about 250 kms away from her residence, it would be in the interest of both the parties that..........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Case is at the stage of investigation - In absence of filing final report, no case is made out for transfer of case u/s 406 Cr.P.C...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - There is no provision for transfer of an undertrial prisoner - However, Court in exercise of jurisdiction u/art 142 of Constitution can consider for transfer of prisoner from one State to another...........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Plea of medical illness - If there are any medical ailments to accused, every care shall be taken by Jail Authorities, but at the same time on spacious plea of ill health by referring to minor ailments, accused cannot oppose relief as sought for in writ petition -..........
Constitution of India, 1950, Article 142 -- Transfer of undertrial prisoner from one State to another State - Convict or an undertrial prisoner, who disobeys law of land, cannot oppose his transfer from one prison to another be a convict or an undertrial prisoner, Courts are not to be a hapless bystander when rule of law is being challenged with impunity - In such..........
