Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Constitution of India, 1950, Article 226, 32 -- Time bound disposal of cases - Constitutional Courts, in the ordinary course, should refrain from fixing a time bound schedule for the disposal of cases pending before any other Courts - Constitutional Courts may issue directions for the time bound disposal of cases only in exceptional circumstances...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Petitioner alleged that he entered into an unregistered agreement of sale with some third parties along with plaintiff in respect of suit property that too in violation of stay order granted against plaintiff in a pending appeal - He thus, has no vested interest in appeal scheduled property in appeal..........
Service -- No criminal case was registered or pending at the time of filing application for the post of constable - However, after five days of filing application he was embroiled in a criminal case which resulted in his acquittal - Verification report after noticing criminal case and subsequent acquittal stated that his character was good, that no complaints were found..........
Commercial Courts Act, 2015, Section 15(2) -- Transfer of pending cases - Commercial dispute - Suit was pending before Sub Court when Commercial Court for area was constituted - Suit should have been transferred to Commercial Court - Order directing return of plaint set aside - Court below directed to transfer the suit to Commercial Court...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of Income Tax Return - Matter remained pending for securing presence of accused from the year 2009 to 2014 - Again matter remained pending for cross-examining the complainant and opportunity of cross-examining the complainant was closed - After..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Board of Revenue cannot proceed with the hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal filed by plaintiff is pending before Board of revenue - Board of Revenue cannot proceed with hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law - Board of Revenue held, directed to decide the application U.O.41.R.27 CPC..........
