Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Wilful disobedience of order of High Court - High Court directed Central Government to initiate process of inter-cadre transfer of appellant and willingness/consent of appellant would also be sought for such transfer - It is Central Government which is competent authority to transfer appellant from one cadre to..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Reservation of life interest to enjoyment of usufructs from property gifted or settled by transferor/senior citizen in favour of transferee/son, cannot result in an implied condition that transferor expects transferee to look after senior citizen till her..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Condition as required u/s 23(1) of the Act for provision of basic amenities and basic physical needs to a senior citizen has to be expressly stated in the document of transfer, which transfer can only be one by way of gift or which partakes character of gift..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23(1) -- Transfer of property to be void - Property of senior citizen - Mother gifted or settled property in favour of her son reserving life interest or enjoyment of usufructs from said property - However, neither S.23(1) of the Act be considered to have interfered with valuable rights of..........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of execution petition - Execution proceedings transferred from Pune to Nalagarh on the ground that suit property is situated within territorial limits of Court at Nalagarh - However, Court at Nalagarh was not having pecuniary jurisdiction to try the suit, same obviously not having jurisdiction of executing decree so..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint from Court at Agra to Court at Siliguri - Delivery challan that all disputes will be subject to jurisdiction of Courts at Siliguri - It is not a bar for Courts in any other jurisdiction to entertain the proceedings - It is always open to accused to raise this point before Court at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........
Criminal Procedure Code, 1973, Section 482, 451 -- Release of seized vehicle - Vehicle involved in offence u/s 379 IPC and S.21 of Mines and Minerals Act - Tractor was meant for transfer of material from legal mines - Petitioner has only captioned muddamal tractor for livelihood and source of income - Petitioner is ready to compound offence by depositing fine amount -..........
Civil Procedure Code, 1908, Section 25 -- Writ petition - Transfer of petition from Telangana High Court to High Court of Delhi - Delay in disposal - Petition cannot be transferred from one Court to another on sole ground of delay in disposal...........
