Central Goods and Services Tax Act, 2017, Section 2(52), Sale of Goods Act, 1930, Section 2, Transfer of Property Act, 1882, Section 3, Government of India Act, 1935, Section 311(2) -- Schedule 7th, List II, Entry 48 - Goods - Inclusion of actionable claim in definition of "goods" is neither contrary to legal meaning of goods nor illegal nor unconstitutional...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Claim for compensation/damages - Plaintiff/lesser has no right to refuse taking over of possession of the premises in question for any reason whatsoever - Delay in transfer of possession from bank to plaintiff/lesser was only creation of plaintiffs themselves - Therefore,..........
Indian Penal Code, 1860, Section 420, 419 -- Offence u/ss 420, 419 IPC - Transfer of investigation - Allegations that Special Director CBI and concerned IGP have influenced administrative authorities of UT CHD. - False FIR was also lodged against petitioners with an intention to extort money from petitioner - Transcripts placed on record by petitioner do not make out a..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - General allegation of surcharged atmosphere is not sufficient - Apprehension of not getting a fair and impartial trial cannot be founded on certain grievances or convenience of accused, but reasons have to be more compelling than that...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from one State to another - Surcharged atmosphere - Petitioners sought transfer of case from State of Punjab to any other State - Few instances mentioned by petitioners may suggest heightened feelings amongst different groups but they do not call for transfer of proceedings to another State - Moreover, it..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- Transfer of winding up proceedings pending in High Court to Tribunal - Proceedings for winding up of a company are actually proceedings in rem to which entire body of creditors is a party - Proceedings might have been initiated by one or more creditors but by a deeming fiction petition is treated as a joint..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- fourth proviso - Transfer of winding up proceedings pending in High Court to Tribunal - Cases covered u/s 434(1)(c) fourth proviso of the Act shall continue to be dealt with by High Court - It is only : (i) cases of voluntary winding up falling outside scope of S.434(1)(c) fourth proviso of the Act; and (ii) other..........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 13 -- Transfer of divorce petition filed by husband - Wife sought transfer of divorce petition from Pune to Delhi on the ground that she is unemployed and she has no independent source of income and she is dependent upon her parents - Said ground is not seriously disputed by husband - Husband offered..........
Hindu Marriage Act, 1955, Section 21A -- Transfer of divorce petition - Applicability of S.21-A of Hindu Marriage Act - Husband first in point of time, filed petition for divorce and hence his case may fit into S.21-A(1)(a) of the Act - However, wife later in point of time filed only a petition u/s 9 of Hindu Marriage Act and not a petition either u/s 10 or u/s 13 of Hindu..........
Hindu Marriage Act, 1955, Section 21A, Civil Procedure Code, 1908, Section 25 -- Transfer of case - S.21-A of Hindu Marriage Act does not divest power of Supreme Court available u/s 25(1) CPC, as words "subject to the other provisions contained in this Act" appearing in S.21 of the Hindu Marriage Act indicate only those provisions which are inconsistent with any of..........
