Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife's convenience is paramount consideration which should be taken care of while disposing of application u/s 24 CPC...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of case from Cooch Behar (WB) to Alipore Kolkata - Distance between Kolkata and Cooch Behar is more than 600 kms in one way - It takes 30 hours to reach Cooch Behar from Kolkata by train - Wife is differently abled person having 60% disability of hearing - Husband is man of 52..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Trial Court while allowing application has not considered it as per provision of O.6.R.17 Proviso CPC - Trial Court also not considered whether objections raised by defendants to application are legally sustainable or not - Impugned order of allowing application for amendment set aside - Matter..........
Competition Act, 2002, Section 53B, 53T, 2(1), 19, 35 -- Competition Commission of India (General) Regulations, 2009, Regn. 2 - A reading of the provisions of the Act and the 2009 Regulations would show that "any person" may provide information to the CCI, which may then act upon it in accordance with the provisions of the Act - In this regard, the definition of "person"..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Refund of consideration together with interest - Does not provide a just recompense to a genuine flat buyer, who desires possession and remains committed to the project...........
Criminal Procedure Code, 1973, Section 439(1A) -- Bail - Notice to informant in an application for grant of bail to an accused involved in offences mentioned in S.439(1-A) Cr.P.C is obligatory - But law does not provide for issuance of notice to victim of an offence under POCSO Act at the time of consideration of bail application of accused, which High Court thinks is..........
Transfer of Property Act, 1882, Section 3 -- Attestation - Attesting witness admitted his signatures - Admitting signing the document is sufficient to constitute attestation - Failure to know the contents of document is not relevant consideration to constitute an attestation...........
Rajasthan Imposition of Ceiling of Agricultural Holdings Act, 1973, Section 6 -- Gift deed - Executed on 19.12.1963 - Gift is much before 26.09.1970 - S.6 of the Act does not effect transfer of land by donor in favour of donee - More so, there is no finding that gift deed was actuated upon any extraneous consideration - Hence, it constitutes a bona fide transfer which is..........
Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cheating - Mere fact that offence in question is civil in nature as civil suit regarding same is pending consideration, it cannot be said that criminal case cannot proceed, as civil and criminal case can proceed simultaneously...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - Legislature by using word `shall' in S.145(2) of the Act has casted a mandatory duty upon Court to call witnesses for examination/cross-examination on application of prosecution or accused - Thus, Magistrate failed to consider that..........
