Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Senior citizen seeking cancellation of transfer of property - Restraining beneficiary from alienating property during pendency of proceedings - Interim order, so passed, will be construed to be in exercise of inherent powers u/s 23 of the Act itself - No infirmity found in the impugned order...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - S.173(8) Cr.P.C does not prevent Writ Court to transfer investigation to CBI, if Court deems it appropriate to do so in fit circumstances...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Offence u/ss 304, 34 IPC - Elaborate and meticulous investigation with the help of forensic experts not done in the case - There are several loopholes in the manner of collecting vital evidence in the case - No material taken for ascertaining cause of death - Deceased..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Sought from Court at `F' to Court at place `L' - Admittedly, area of `F' does not fall within territorial jurisdiction of Lucknow Bench of High Court - High Court Bench at Lucknow has no jurisdiction to transfer case pending outside its territorial jurisdiction - It would be open for petitioner to..........
Transfer of Property Act, 1882, Section 6(e) -- Transfer - Transfer of `a mere right to sue' is prohibited u/s 6 of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - At appellate stage - Suit for possession - Patta issued in favour of plaintiff was cancelled way back in 1978 - Plaintiff neither in possession of suit property nor had any title - Subsequently qua the suit property patta had already been issued in favour..........
Sale in course of import -- Carries three essential features Viz. - (i) that there must be a sale; (ii) that goods must actually be imported into the territory of India; and (iii) that sale must be part and parcel of import - Sale would become part and parcel of import if it either occasions such import or if it occurs by way of a transfer of document of title to the..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85, Arms Act, 1959, Section 25, 54, 59 -- Transfer of investigation to CBI - Recovery of Heroin and arms - Report of Special Director General of Police shows that police officials while investigating case committed offence u/s 58 of NDPS Act, which..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife's convenience is paramount consideration which should be taken care of while disposing of application u/s 24 CPC...........
