Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Transferee pendente lite can be added as a party defendant to suit provided his interest is substantial and not just peripheral - Transfer pendente lite is not void ab initio - It only makes such transfer subject to rights of parties..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Directions issued : (a) In every case, where FIR has been registered regarding commission of a cognizable offence, investigation shall be conducted by Investigating Officer, strictly in accordance with provisions of Code of Criminal Procedure, 1973; (b) In every case, where after registration of FIR,..........
Criminal Procedure Code, 1973, Section 406, 177 -- Transfer of case from Delhi to Allahabad - Cause of action arose in Delhi - Criminal case ought to be inquired and tried ordinarily where cause of action has accrued - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Unregistered - However, same an admitted document - It is admissible in nature for proving the status in which defendant is occupying the suit property...........
Companies Act, 2013, Section 434(1)(c), Insolvency and Bankruptcy Code, 2016, Section 7 -- Transfer of winding up proceedings - Discretionary jurisdiction u/s 434(1)(c) Proviso 5th of the Act cannot prevail over undoubted jurisdiction of NCLT (Tribunal) under Code, once parameters of S.7 and other provisions of Code have been met...........
Civil Procedure Code, 1908, Section 24, 22, 151 -- Transfer of divorce case - Husband filed divorce case in Gyalshing, West Sikkim - Marriage of parties solemnized at Gangtok - Wife was residing in Gangtok at the time of presentation of divorce petition and continues to reside there - Divorce proceedings filed by husband before Family Court, Gyalshing could have been filed..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs1 and PW11 - Corruption case - Witnesses sought to be recalled by prosecution were required to mark relevant document which was crucial for decision of case - Delay in filing application occurred due to transfer of Special Public Prosecutor who was conducting case - Accused must have an opportunity to cross-examine..........
Foreign Exchange Regulation Act, 1973, Section 31 -- Transfer of immovable property of a foreign nation - Prior permission of RBI - Requirement of seeking previous general or specific permission of RBI in respect of transaction covered by S.31 of the Act is mandatory - Consequently, any sale or gift of property situated in India by a foreigner, without previous permission..........
