Civil Procedure Code, 1908, Section 25 -- Transfer of a case - When a case is at final stage, Supreme Court will be extremely reluctant to order transfer, as it may derail entire process...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9 -- Transfer of petition u/s 9 of Hindu Marriage Act - Two grievances (i) travel expenses; (ii) evidence of her side getting rejected - Transfer application rejected by holding that petitioner is permitted to move an application for reopening her evidence before family Court - Petitioner permitted..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that complainant was sent abroad by illegal method after payment of Rs.22 lakhs and he is arrested in USA and thereafter repatriated to India - However, to whom he has paid said money is not clear - Object of payment of money if any could be..........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - If plea based on S.41 of the Act is to be taken, then same has to be backed by pleadings and not mere adoption of pleadings of some other defendants...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Good faith on part of transferee is required to be ascertained not merely by good intentions, but based upon the evidence that transferee had taken reasonable care to ascertain that transferor indeed had power to transfer the property...........
Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Co-owners - Father of plaintiffs sold the suit plot to appellant - No evidence on record that father of plaintiffs had consent, whether express or implied from several co-owners to act as ostensible owner of suit property - Ingredients of S.41 of the Act not satisfied - Onus which was upon appellant has..........
Transfer of Property Act, 1882, Section 53A -- Possession in pursuance of agreement to sell - Plea of protecting possession based on agreement to sale requires a written agreement between the parties - In absence of written agreement, plea raised rightly declined by Courts below...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Senior citizen seeking cancellation of transfer of property - Restraining beneficiary from alienating property during pendency of proceedings - Interim order, so passed, will be construed to be in exercise of inherent powers u/s 23 of the Act itself - No infirmity found in the impugned order...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - S.173(8) Cr.P.C does not prevent Writ Court to transfer investigation to CBI, if Court deems it appropriate to do so in fit circumstances...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Offence u/ss 304, 34 IPC - Elaborate and meticulous investigation with the help of forensic experts not done in the case - There are several loopholes in the manner of collecting vital evidence in the case - No material taken for ascertaining cause of death - Deceased..........
