Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of case from Cooch Behar (WB) to Alipore Kolkata - Distance between Kolkata and Cooch Behar is more than 600 kms in one way - It takes 30 hours to reach Cooch Behar from Kolkata by train - Wife is differently abled person having 60% disability of hearing - Husband is man of 52..........
Transfer of Property Act, 1882, Section 106 -- Lease/tenancy - Arbitration in disputes relating to matter under T.P. Act - Where lease/tenancy are not governed under special statutes but under T.P. Act and dispute between parties is arbitrable then there shall be no impediment whatsoever to invoke Arbitration Clause...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Arbitration - When disputes arise between landlord and tenant with regard to determination of lease under the Act, landlord to secure possession of leased property in a normal circumstance is required to institute a suit in Court which has jurisdiction - However, if parties in contract of lease or in..........
Transfer of Property Act, 1882, Section 114, 114A -- Forfeiture/termination of tenancy - Dispute resolving through arbitration - If in arbitration proceedings landlord has sought for an award of ejectment on the ground that lease has been forfeited since tenant has failed to pay rent and breached express condition for payment of rent or such other breach and in such..........
Transfer of Property Act, 1882, Section 114 -- Forfeiture/termination of tenancy - Non-payment of rent - Where lease is determined by forfeiture and lessor sues to eject lessee and, if, at the hearing of suit, lessee pays or tenders to lessor the rent in arrears, S.114 of the Act provides that Court instead of passing a decree for ejectment may pass an order relieving..........
Indian Penal Code, 1860, Section 304B, 498A, 323, 506, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Transfer of further investigation to CBI - Conduct of investigating authorities from stage of arriving at scene of occurrence to filing of charge sheet do not inspire confidence in robustness of process - Status of accused as properties and..........
Companies Act, 2013, Section 434(1)(c), Companies (Court) Rules, 1959, Rule 26, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5, 6 -- Transfer of winding up proceedings pending in High Court to (NCLT) Tribunal - Liquidator has taken possession and control of registered office of appellant company and its factory premises, records and books - However, no..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Transfer of ownership - Merely because ownership of property is subsequently transferred by husband to his parents or that her husband is now residing separately, is no ground to deprive wife of protection that was envisaged under the Act...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attestor is not required to know contents of document - By just signing the document with an intention to attest or on seeing the signing of document by the executant or a receipt of personal acknowledgment about execution of document is sufficient to constitute attestation...........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attesting witness admitted his signatures - Admitting signing the document is sufficient to constitute attestation - Failure to know the contents of document is not relevant consideration to constitute an attestation...........
