Criminal Procedure Code, 1973, Section 406 -- Transfer petition - Supreme Court has power to transfer case and appeal and not investigation of a case...........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition for restitution of conjugal rights - Wife sought transfer of petition from Visakhapatnam to Vijayanagaram - Husband is a resident of Visakhapatnam, whereas, wife has to go to Visakhapatnam all the way from Vijayanagaram leaving her children under care of her parents - Even..........
Disaster Management Act, 2005, Section 46 -- National Disaster Response Fund (NDRF) - Funds collected in PM CARES Fund are entirely different funds which are funds of public charitable trust and there is no occasion for issuing any direction to transfer said funds to the NDRF...........
Specific Relief Act, 1963, Section 34, 38, 41(h), Transfer of Property Act, 1882, Section 53A -- Decree of declaration of title - Claim for - Plaintiff also seeking relief of permanent injunction restraining defendant from interfering with their possession - Plea of adverse possession by plaintiff - As per averments in plaint, plaintiff's father and thereafter he himself..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - All developments over the suit property shall be subject to outcome of the suit...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Allegation of favoritism by Presiding Officer, as he is giving shorts dates in the matter - However, it is the plaintiff who already obtained an interim injunction order intends to linger on matter - Moreover, being a civil matter, there is no merit in the contention of plaintiff that he is being compelled to..........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Rajasthan Rent Control Act, 2001, Section 22, Transfer of Property Act, 1882, Section 106 -- Eviction petition - Compromise - Appeal by tenant against compromise certificate has been dismissed - Writ petition - Recovery certificate issued by Rent Tribunal on basis of compromise between parties duly attested and verified to its satisfaction without adverting to question as..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance and permanent injunction - Oral agreement to sell is not valid as per J&K Transfer of Property Act - Relief of permanent injunction sustainable independently of relief of specific performance - There is no provision or concept of partial rejection of plaint - Plaint can..........
