Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Opposite party a practicing lawyer - Not a ground to transfer suit when there is no concurrent reason that said person in any manner may influence the proceedings of the matter - Transfer of suit not allowed as transfer of a case from one Court to another indirectly casts doubt on the competence and integrity..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Denial of marriage by husband - Wife produces marks sheet of her son in which name of father was of petitioner - In transfer certificate and domicile certificate also name of petitioner was written - Nothing contrary produced by husband which makes his marriage with wife doubtful - Petitioner was living with his..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Suit regarding same subject matter pending between same parties in two different Courts - Continuation of two suits in two different jurisdictions has the potential of conflicting judgments - Taking into account the convenience of parties and also in the interest of justice, suit at place `A' is transferred to..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Application dismissed by Court below without inviting comments of presiding officer on allegations levelled against him - Held, Transfer application ought to have been decided after inviting comments from presiding officer and complainant both - Impugned order set aside - Matter remanded back to be heard..........
Civil Procedure Code, 1908, Section 100, Transfer of Property Act, 1882, Section 43 -- Second appeal - Doctrine of `feeding the grant by estoppel' - Benefit of right and title u/s 43 of T.P.Act cannot be claimed for the first time in second appeal without there being any foundation in pleadings and without any evidence being mixed question of facts and law and not being..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Cabinet minister of State involved in the case - Material on record shows that there is real threat on the life and liberty of petitioner and other witnesses who are dealing with petitioners - There is also real apprehension that fair trial cannot be conducted at Court at place `P' - Case directed to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Tenant apprehending dispossession at the hands of defendant filed suit for prohibitory injunction - Defendant contended that property in dispute had already been sold off to another person - Held, on mere transfer of title, it could not be said that cause of action to maintain suit for injunction, ceased..........
Criminal Procedure Code, 1973, Section 12(2), 190 -- Additional Chief Judicial Magistrate - Transfer of case - Held, S.12(2) Cr.P.C. confers on Additional Chief Judicial Magistrate same powers as that of a Chief Judicial Magistrate - Hence, transfer of case by Additional Chief Judicial Magistrate after taking cognizance of case to transferee Magistrate for inquiry and..........
Criminal Procedure Code, 1973, Section 12(2), 190 -- Additional Chief Judicial Magistrate - Transfer of case - Held, S.12(2) Cr.P.C. confers on Additional Chief Judicial Magistrate same powers as that of a Chief Judicial Magistrate - Hence, transfer of case by Additional Chief Judicial Magistrate after taking cognizance of case to transferee Magistrate for inquiry and..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302 -- Murder - Further investigation - Transfer of investigation to CBI - Permissibility - Charge-sheet has been filed and departmental action taken against erring officials - Held, matter cannot be referred to CBI for further investigation after filing of charge-sheet by State Investigating..........
