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MADRAS HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482 -- Transfer of case to CBI - Police encounter - Mere fact that charge sheet has been laid by police, which is an outcome of an investigation done by subordinate police officer though there are allegations against superior police officer, would not deter the Court from ordering investigation by CBI...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 482 -- Transfer of case to CBI - Police encounter - Matter pending for the last 13 years for seeking transfer of case - If investigation is transferred to CBI at this time and investigation is commenced afresh, it would offend fair and speedy investigation guaranteed u/art 21 of Constitution - However, petitioners spent their valuable..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Matrimonial case - Transfer of case - Transfer of case is not always a solution acceptable to both the parties - It may be appropriate that available technology of video conferencing is used where both the parties have equal difficulty and there is no place which is..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24, Order 18, Rule 3, 4 -- Transfer of case - Matrimonial matters - Directions issued: (i) that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever defendants/respondents are located outside the..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Hindu Marriage Act, 1955, Section 19, 13, Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife along with her minor daughter living at Hyderabad - Divorce petition filed at Jabalpur by husband - It is inconvenient for wife to undertake long journey and contest the proceedings at Jabalpur by neglecting her minor child - Case transferred from..........

ORISSA HIGH COURT

Year of decision: 2017
Details

Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17 -- Fishery rights - Right to catch and carry away fish - Amounts to profit or benefit arising out of land and is immovable property within the meaning and ambit of T.P. Act - Transaction of sale of the right to catch and carry away the fish if not effected by means of a registered instrument..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Education -- Admission in College - Transfer from one Campus of university to another campus - Not permissible, merely on the ground that candidate has a language problem and denial of proximity to home - Once a candidate chooses a campus, he/she exercises option and is bound by it - Solely because a vacancy occurs at other campus, no right accrues in favour of candidate..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 24 -- Transfer of petition for restitution of conjugal rights - Transfer petition become infructuous and does not survive in view of subsequent development that has taken place i.e grant of `triple talak' by husband - However, wife filed an application seeking directions for visitation rights - Matter relating to visitation rights as..........

DELHI HIGH COURT

Year of decision: 2017
Details

Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - A purchaser of immovable property who has been put into possession of property pursuant to agreement for sale is entitled to seek protection in respect of his possession in that capacity only if the agreement is sufficiently stamped and registered...........

DELHI HIGH COURT

Year of decision: 2017
Details

Transfer of Property Act, 1882, Section 53A -- Benefit of S.53-A of the Act - Agreement to sell - Landlord tenant relationship - Suit for possession, damages and mesne profits - No interest in immovable property can be claimed or transferred on the strength of an unregistered document - Moreso, there is nowhere provided that possession has been delivered to tenant in part..........

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