Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Gang rape - Investigation of case entrusted by State government itself to CBI - CBI has started investigation in respect of crime - Apprehensions expressed by petitioners that there would be no proper investigation by UP Police conducted, not open for consideration at this stage and grievance..........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered document - Can be received as evidence of some other fact which does not relate to a transfer of an interest in an immovable property...........
Registration Act, 1908, Section 17, 49 -- Proviso - Un-registered release deed - Can be received in evidence only to that portion relating to bequest and marked only for limited purpose of establishing admission of defendants regarding bequest with a clear condition that un-registered release deed cannot be used as evidence of any transfer of interest in an immovable..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - While considering plea for transfer, convenience of parties would be a relevant consideration...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of a case - Transfer power u/s 406 Cr.P.C is to be invoked sparingly - Only when fair justice is in peril that a plea of transfer might be considered...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of three cases - Petitioner apprehension is that on account of his work as investigative journalist against Ruling dispensation, State is targeting him for vindictive prosecution - However, two of cases are property and Will related matters and one of this case is pending for last over a decade - It is thus, difficult..........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - As per evidence on record petitioner accused of being in possession of narcotic substances - Allegations made in petition are suspicious - Therefore, FIR cannot be transferred to CBI...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - Importance of fair investigation and fair trial cannot be over emphasized - However, investigation cannot be transferred to CBI at the mere asking of accused person...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife sought transfer of divorce petition on the ground that she and her two children are entirely dependent on her old and ailing parents - Elder child is a girl aged about 11 years and whenever case is fixed for hearing, wife has to travel about 800 kms - Mere fact that mother of wife retired..........
Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184 -- Transfer of three cases - Lack of territorial jurisdiction - Facts to be established by evidence may relate either to place of commission of offence or to other things dealt with by Ss.177 to 184 Cr.P.C - In such circumstances, Court cannot order transfer on the ground of lack of territorial..........
