Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petitioner seeking transfer of a case from one Court to other does not have to establish actual bias, what is required is that petitioner seeking transfer must have a reasonable apprehension of bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Can be granted in favour of plaintiffs against defendant for preventing defendant from alienating or transferring disputed property, even if principle of lis pendens enumerated in S.52 of Transfer of Property Act is applicable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Transfer of Property Act, 1882, Section 107 -- Lease - Renewal of lease - Lease involved is perpetual lease with a clause of renewal on expiry of lease period - Renewal of lease means creation of new lease which creates a fresh right and obligation between contracting parties - Thus, once a renewed lease comes within scope of S.107 of the Act, such a lease can be made only..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandsons - Respondent Nos.3 & 4 voluntary made a statement that they do not wish to maintain their grandfather from whom they got land transferred - Even, they do not wish to keep transferred land - It is a clear case where inter se family property..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of grandson - Specific recital in transfer deed that transfer is subject to condition of maintaining senior citizen - But, not even a single instance has been pointed out in application that respondent No.5 who used to maintain senior citizen now stopped..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property - Prior permission of Court is a sine qua non for a guardian of a minor to transfer property of minor in any of manners provided u/s 8(2) of the Act...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - In matrimonial proceedings convenience of wife has to be taken into consideration than that of inconvenience of husband...........
