Criminal Procedure Code, 1973, Section 407 -- Transfer of FIR amounts to transfer of investigation - Investigations cannot be transferred by invoking powers u/s 407 Cr.P.C...........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Cases and appeals can be transferred u/s 407 Cr.P.C...........
Transfer of Property Act, 1882, Section 106 -- Eviction - Denial of title of Landlord - Tenants admittedly in possession and occupation of land under lease granted by respondent - There is no other party that has claimed title to property in question and issue of any other title holder paramount does not arise in the case - It does not lie for a lessee to question the..........
Allotment of land -- Whenever State intends to transfer any land, resort should be by public auction or inviting tenders...........
Civil Procedure Code, 1908, Section 25 -- Transfer of petition for restitution of conjugal rights - Application for transfer of petition sought by wife and husband had not appeared - Application allowed - However, liberty is granted to husband to move an appropriate application before transferee Court for permission to participate in the proceedings virtually...........
Service tax -- Sale of Goods - When the substantial control remains with contractor and is not handed over to user, there is no transfer of right to use vehicles, cranes, tankers etc. - Whenever there is no such control on the goods vested in the person to whom the supply is made, transaction will be of rendering service within the meaning of S.65(105)(zzzzj) of Finance..........
Service Tax -- Sale of Goods - Contracts which did not provide for transfer of right to use the goods made available to person who is allowed to use the same, are not covered under relevant provisions of Sales Tax Act and VAT Act...........
Transfer of Property Act, 1882, Section 53A -- Protection u/s 53-A of the Act - Agreement to sell - Un-registered agreement was entered into in between defendant and original owner - Though defendant was put in possession but he failed to pay balance sale consideration and as such no sale deed was executed in his favour - Defendant not entitled to have protection u/s 53-A..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 47 -- Sale deed - Interpolations made after it was executed but before it was registered - Sale deed where entire consideration is paid would operate from the date of its execution - In the instant case consideration was entirely paid on the date of execution of sale deed - Thus, sale deed as..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - If payment is made by cheque and cheque is dishonoured, then sale deed cannot be considered invalid only on this ground...........