Criminal Procedure Code, 1973, Section 228, 26 -- Sessions Court - Powers - Case and counter case - One case exclusively triable by Sessions Court - Second case triable by Magistrate - Sessions Court after framing charges of second case transferring it to Chief Judicial Magistrate - Not correct - Sessions Judge has power to try any offence under IPC - It is not mandatory..........
Hindu Marriage Act, 1955, Section 21A, Civil Procedure Code, 1908, Section 24 -- Transfer of case - Convenience of parties - Convenience wise a transfer to place where the lady is residing would be preferred unless it is shown that there are special reasons for not doing so - Wife residing at Amritsar and filed criminal proceedings there - Husband filed petition u/s 13..........
Civil Procedure Code, 1908, Section 25 -- Matrimonial proceedings - Wife seeking transfer of case from Barmer (Rajasthan) to Chandigarh - Wife having 4 year daughter - Wife also in financial difficulties as no maintenance is paid to her - Husband has no objection if the case is transferred to a Court at Ambala as he is now stationed at Purulia - Transfer petition allowed..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Fact of earlier dismissal of transfer application not disclosed - Applicant not coming with clean hands - Application dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - To alleviate hardships of parties cases transferred at one place - Complaint shall not be dismissed solely on ground of complainant's absence in Court provided a counsel on her behalf would be present in Court whenever case is called...........
Criminal Procedure Code, 1973, Section 406 -- Complaint - Transfer - Complaint u/s 500 IPC - Petitioner a lady and 1st respondent a male - Conveniencewise, transfer of complaint to the place where lady was residing would be preferred by Court unless special reasons were shown to not to do so - Criminal complaint transferred from CJM Chandigarh to Court of CJM Mumbai...........
Easement Act, 1882, Section 4, Transfer of Property Act, 1882, Section 8, 19, 11, Specific Relief Act, 1963, Section 38, Civil Procedure Code, 1908, Section 47 -- Right of way - Injunction decree to prevent interference - Such easementary right is statutory right and is right in rem - Transfer of servient heritage by J.D. does not extinguish right, rendering decree..........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case - Bomb blast case - Petitioner sought transfer of case on ground of surcharged communal atmosphere at place of incident - Nothing was placed on record as to inability of State to ensure free, fair and impartial trial against accused - Petitioner and other accused are adequately represented in Court - State..........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - Wife seeking transfer of matrimonial proceedings filed by husband in Saroornagar, Hyderabad to Kottayam, Kerala - Wife had already filed a petition for dissolution of marriage at Kottayam - Physical hurt apprehended by wife if she goes to Hyderabad to contest proceedings - In the interest of justice transfer..........
Civil Procedure Code, 1908, Section 24, 25 -- Divorce petition filed at Bombay by husband - Wife seeking its transfer to Delhi where she is staying with parents - Wife has no independent source of income - No one at Bombay with whom she would stay - Wife's petition to transfer proceedings to Delhi Court allowed...........
