Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Convenience of parties is not the ground to seek transfer of petition but hardship that would cause to parties should be looked into - Travelling 70 kms to attend Court is commutable in nature - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of 16 criminal cases - From four different States to one Court in Mumbai - Multiple FIRs across four States have been filed against petitioner and other accused persons containing broad and common allegations pertaining to act done in collusion by accused persons to defraud the complainants and misappropriate the money..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - No reason to entertain transfer petition - However, considering circumstances on record including advance age of parties, trial Court directed to expedite process and conclude proceedings as early a possible and preferably within one year - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Some adverse orders passed - It cannot be said that orders on judicial side are passed under influence - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of matrimonial case to place `K', where three other cases filed by wife are already pending - No prejudice would be cause to both the parties - Moreover, considering the convenience of wife, who is an unemployed, request of wife to transfer case is justified - Transfer application..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case at the instance of wife - Most important factor for transfer of a matrimonial case is convenience of wife...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - At the instance of wife - While considering transfer of matrimonial case at the instance of wife, Court is to consider family condition of wife, custody of minor child, economic condition of wife, her physical health and earning capacity of husband and most important, convenience of wife i.e she..........
