Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act does not bar complete transfer of land during pendency of the suit...........
Custody of child -- Claimed by father - Death of mother by hanging - Child had been in the custody of maternal grandparents/appellants from the tender age of 11 months - She is now one year and five months old - Court cannot treat child as movable property and transfer custody without even considering the impact of disturbance of custody on child - Such issues cannot be..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Allegations of bias and undue influence raised on the police machinery of State - Accused is a senior judicial officer - Any doubt or apprehension in the minds of appellants who have lost their family member may be dispelled by investigation being carried out by CBI - CBI directed to carry our..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - There cannot be unilateral cancellation of sale deed...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son - Property in question is in the name of mother and son is living in the property - Whereas, mother is living with her married daughter in a rental accommodation because of mental and physical torture of mother by her son and daughter-in-law and to compel her..........
Service -- Transfer order - Where the incidence of transfer becomes inherent in the terms of service unless it is specifically barred under certain provisions governing conditions of service, an employee has no right to remain absent or refuse to join the new place of transfer once relieved from their current place of posting - Employee is entitled to avail all available..........
Service -- Transfer order - Regularization of period during which employee not joined the place of posting - Transfer orders had been set aside by Single Judge which was confirmed by Division bench - Respondent nos. 4 and 7 would be entitled to receive their salaries with effect from the date of judgment by Single Judge - However, since respondent no.4 remained absent..........
Transfer of Property Act, 1882, Section 54 -- Sale - Where a vendor sells his right, title and interest in the land unless expressly or impliedly provided in the agreement, sale of land would also include trees standing thereon...........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser of property sold during pendency of suit would be bound by decree irrespective of the fact whether he was later on impleaded as a party or not - However, he cannot claim that he is a necessary party in the pending suit...........
