Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - District Judge has power u/s 24 CPC to transfer a case from Family Court to such other Courts, which is vested with jurisdiction to hear family Court matters - In case, there are no such Courts, Family Court matters can only be transferred out of district, power of which is..........
Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of case - Transfer of case from one Family Court to another Family Court within same district - Transfer application can only be made to District Judge...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, but purchaser takes the property subject to rights of transferor in pending suit...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property - Where any senior citizen who, after the commencement of the Act, has transferred by way of gift or otherwise, his property, subject to the condition that the transferee shall provide the basic amenities and basic physical needs to the transferor and such transferee..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Transfer of property by Senior citizen - Annulment - Petitioner cannot seek avoidance of the transfer document by making allegations against a stranger to the transfer...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Essential requirement for applicability of S.52 of the Act is that transfer must take place by any party to suit or proceeding...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for specific performance - Objection by third party - Suit property sold to petitioners during pendency of suit - However, transfer in favour of petitioners was made by persons who were not even parties to suit - Provision of S.52 of the Act is not applicable to facts of case, as transfer in favour of petitioners..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54, Easements Act, 1882, Section 8 -- Right of way - Creation in favour of plaintiff and thus easementary right given to plaintiff - Agreement granting easementary right does not require registration as there is no transfer of ownership as contemplated by S.54 of Transfer of Property Act and only a..........
Civil Procedure Code, 1908, Section 11, 24 -- Res judicata - Not applicable to transfer application, as principle of res judicata applies to a decision of a suit or an issue and decision of an application u/s 24 of the Act cannot be treated to be decision of an issue - Second/subsequent application u/s 24 of the Act thus, not barred by res judicata...........
