Civil Procedure Code, 1908, Section 24, 20 -- Transfer of suit - Suit for declaration of paternity of child - Wife sought transfer of suit from Guwahati to Silchar - He failed to show that wife is having her house at Guwahati or any other relatives staying at Guwahati - More so, wife has minor son and it would be difficult on her part to take minor son along with her to..........
Consumer Protection Act, 1986, Section 23 -- Accident - Insurance claim - Damage to truck - Plea of transfer to third party by entering into a sale agreement - Registration of truck is in the name of appellant on the date of accident - Over three years after alleged transfer of vehicle in the name of `M', appellant paid premium of insurance policy - Insurance policy is..........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, 63, 14, 27, 32P, Transfer of Property Act, 1882, Section 105, Succession Act, 1925, Section 59 -- Agricultural holdings - Term `assignment' in S.43 of Act of 1948 includes testamentary disposition...........
Bombay Tenancy and Agricultural Lands Act, 1948, Section 43, Succession Act, 1925, Section 59, Transfer of Property Act, 1882, Section 105 -- Agricultural holdings - Testamentary disposition to non agriculturist - S.43 including testamentary disposition of agricultural holdings is not invalid for incidental encroachment upon provisions of Central Act i.e. Succession Act...........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Two conditions are mandatory to attract S.111(d) of the Act, viz : (i) it is only tenant who should acquire property of landlord; and (ii) tenant should purchase assignment of rights of landlord in property in its entirety...........
Transfer of Property Act, 1882, Section 111(d) -- Doctrine of merger of tenancy - Tenancy - Petitioner admits that she is not tenant of disputed premises and has purchased 1/3rd share of one of co-owners of property and not entire ownership interest in disputed premises - Twin conditions of applicability of doctrine of merger of tenancy are lacking - Doctrine of merger is..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Illegitimate apprehension without any basis/material on record - Cannot constitute a legitimate ground to transfer a case from one Court to another Court...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Power of transfer of case must be exercised meticulously with precision under compelling circumstances, where on basis of material on record it appears to Court that there is strong reason for doing so and by not transferring the case there would be miscarriage of justice...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Merely making vague allegation that there is an apprehension in the mind of applicant that justice will not be done alone does not suffice...........
