Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to direct transfer of undertrial prisoner from one jail to another vests with Magistrate/Court which had remanded detenue to a certain prison...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Merely because prisoner had been an undisciplined prisoner creating difficulties for jail staff, shall not suffice in the matter so as to warrant his transfer from one place to another...........
Criminal Procedure Code, 1973, Section 309, 167(2) -- Transfer of undertrial prisoner from one place to another - Power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by Court by passing a judicial order, obviously after providing opportunity of being heard and change in the place of detention would be permissible only with..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Plaintiff sought transfer of case filed by him to try along with partition suit filed by defendants - Issues in both the suits are common, as dispute is in respect of un-registered Will - If both the suits are tried at different Courts, it may lead to conflicting judgments - Though Court cannot direct clubbing of..........
Transfer of Property Act, 1882, Section 3, 8, Registration Act, 1908, Section 2(6), General Clauses Act, 1897, Section 3(26) -- Immovable property - Sale of rights over scheduled property - It includes all the rights, easements, interests, etc. i.e. the rights which ordinarily passed on such sale over the land - When rights over the scheduled property is sold then vendor..........
Registration Act, 1908, Section 17 -- Registration - Deed in question was executed for grant of an easement only and it was a gratuitous act - There is no transfer/ownership of property as is contemplated for sale and gift - Deed in question thus, not required registration and it is admissible in evidence...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Registered lease deed - Not open to be altered or amended even by High Court in exercise of its jurisdiction under Article 226 of the Constitution...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Civil Procedure Code, 1908, Section 25 -- Petition by wife for transfer of matrimonial case from Mangaluru (Karnataka) to Mumbai - Wife permanent resident of Canada and she must be traveling abroad regularly - No child born out of wedlock to be taken care of - Both the parties are well educated and engaged in their own jobs and professions - Wife can travel to Mangaluru to..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband offered to pay a sum of Rs.50 lacs towards permanent alimony to wife and her daughter - Subsequently he offered to transfer one flat in the name of minor daughter - However, wife not accepted said offer of husband - Wife's desire to live with her husband is not genuine at this stage particularly when she..........
