Service -- Promotion - An employee who is transferred to other Collectorate does not lose his past service for purpose of considering his eligibility - However, if such transfer is voluntary or unilateral on condition that he will be placed at the bottom of the seniority list in the transferee Department, then said condition binds him and he cannot claim seniority over the..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Attachment of property in execution of decree - Transferee lis pendens filed objections alleging that he was bona fide purchaser of said property for consideration - Held, objector purchased property after passing of attachment order - Hence, sale transactions was hit by principle of lis pendens -..........
Criminal Procedure Code, 1973, Section 406 -- Transfer petition - Transfer of case sought from Ambala to Delhi - Parties having no objection to transfer of case to Shimla - Case transferred from the Court of Special Judge, Ambala to the Special Court at Shimla (H.P.)..........
Criminal Procedure Code, 1973, Section 482 -- Investigation - Transfer from State Police to CBI - Petition rejected by High Court - High Court cannot review and modify its order and transfer the investigation to CBI - There was no clerical or arithmetical error in the order - In case after passing of the order certain events have occurred, a fresh petition could be made..........
Stamp Act, 1899, Section 2(14) -- Oral agreement to sell - Part payment made - Subsequently agreement reduced to writing incorporating terms and conditions for transfer of an immovable property - Nothing on record to show the terms and conditions of alleged oral agreement and that rights and interest had been created following execution of an oral agreement - Held,..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree to another Court against one of the J.D's - Transferee Court has no jurisdiction to execute the decree as against other J.D's...........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Transfer of decree to another Court - Transferee Court cannot attach salary of a J.D. when his Disbursing Officer is not within jurisdiction of that Court...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Applies even when execution proceedings are pending...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Requirements for applicability of the principle of lis pendens are : (a) A suit or a proceeding in which any right to immovable property is directly and specifically in question must be pending; (b) The suit or proceeding shall not be a collusive one; and (c) The property which is subject matter of dispute during..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Pendency of a suit or proceeding - Must be deemed to have commenced from the date of presentation of the plaint or the institution of the proceeding in a Court of competent jurisdiction...........
