Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed in favour of sons - Respondent no.4 is the mother of petitioner and respondent no.5 - Nothing on record to even remotely show that basic amenities were being provided by petitioner to mother - Moreover, even with respect to the fact of rent and pension being..........
Service -- Transfer order - Judicial review - Judicial interference is not warranted in absence of : (i) pleadings regarding malafide; (ii) non-joining the person against whom allegation are made; (iii) violation of any statutory provision; (iv) allegation of transfer being detrimental to the employee who is holding a transferable post...........
Service -- Transfer order - Judicial review - Transfer order has been issued in public interest after due application of mind and without any malafide intentions - Plea of malafide against transferring authority has not been agitated even before Supreme Court or High Court - Even, transfer order is also not alleged to be violative of any prescribed statutory provision -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Intention of parties is the real test for ascertaining of character of a document as a lease or license - If property remains in possession and control of owner and only right to use property in a particular way or under certain terms is given, then it is license - Whereas,..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Transfer of Property Act, 1882, Section 105, Easements Act, 1882, Section 52 -- Lease or license - Prima facie there is relationship of landlord and tenant between parties - Whether it is lease amount or licence amount is a question of trial - Assessment of provisional rent is not going to cause any prejudice to petitioners - Appellate Court rightly directed Rent..........
Commercial Courts Act, 2015, Section 15(2) -- Transfer of pending cases - Commercial dispute - Suit was pending before Sub Court when Commercial Court for area was constituted - Suit should have been transferred to Commercial Court - Order directing return of plaint set aside - Court below directed to transfer the suit to Commercial Court...........
