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...........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Redemption - Plaintiffs father mortgaged ancestral property in favour of defendants - Defendants admitted that suit property was mortgaged in their favour - Relation between parties as mortgagor and mortgagee duly established - Defendant failed to establish that un-registered sale deed was signed by owner of suit..........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 10 -- Transfer of proceedings - Proceedings u/ss 125, 127 Cr.P.C - S.407 Cr.P.C apply to transfer of proceedings u/ss 125, 127 Cr.P.C, as per S.10 of Family Courts Act - Application u/s 24 CPC held, not maintainable against proceedings u/ss 125, 127 Cr.P.C...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Judicial biasness - It is considered as one of grounds for seeking transfer of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Mere apprehension of a litigant that he will not get justice from a Court, does not justify transfer of a case, as requirement of S.24 CPC will not be met in such a case - Application rightly dismissed...........
Transfer of Property Act, 1882, Section 108(B)(e), (108)(B)(I) -- Rights and liabilities of lessor and lessee - In the absence of contracts or contractual stipulations provisions of the Transfer of Property Act would govern tenancies and leases...........
Transfer of Property Act, 1882, Section 108(B)(e) -- Lessee to seek protection u/s 108(B)(e) of the Act, there has to be complete destruction of property which is permanent in nature due to force majeure event - Until and unless there is a complete destruction of property S.108(B)(e) of the Act cannot be invoked...........
Transfer of Property Act, 1882, Section 108(B)(e), 108(B)(I) -- Temporary non-use of premises due to lockdown which was announced due to COVID-19 outbreak - Cannot be construed as rendering lease void u/s 108(B)(e) of the Act - Tenant cannot also avoid payment of rent in view of S.108(B)(I) of the Act...........
