Transfer of Property Act, 1882, Section 67 -- Mortgage - Right to seek foreclosure - Not available to any mortgagee other than mortgagee by conditional sale or mortgage under anomalous mortgage by terms of which he is entitled to foreclose...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition - Plea that Court staff is trying to help the husband - Sessions Judge already order an enquiry against members of staff - No more a ground of transfer - Moreover, case is not to be decided by staff of Court but by the Presiding Officer...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition - Merely because counsel appearing on behalf of wife is no more ready to conduct her case, is no ground to transfer the case, as she would always be at liberty to engage another counsel or can also seek legal assistance from Legal Aid - Application..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Wife seeking transfer of divorce petition - Evidence of husband already concluded - Evidence of wife is going on - Case is at the fag end - It is not appropriate stage to transfer the divorce petition, particularly on the self contradictory allegations levelled by wife which is not even proved..........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 54 -- Sale deed - Registration - If value of property is more than Rs.100/- but is sold for less than Rs.100/-, it requires registration...........
Criminal Procedure Code, 1973, Section 482, 464, 218, 216, West Bengal Government Land (Regulation of Transfer) Act, 1993, Section 11(j), 26 -- Quashing of proceedings - Framing of composite charge of offences - Defect in framing charge - If any, is an irregularity curable by trial Court on prayer of party or on his own motion and it is not an illegality which may vitiate..........
Hindu Law -- Joint family property - Deceased was sole surviving coparcener of joint Hindu Family at the time of adoption of defendant No.1 - Upon adoption defendant No.1 got a right in the property of his adoptive father/deceased - Property in the hands of defendant No.1 is a joint family property - Plaintiffs being children of defendant No.1 upon birth acquired rights in..........
Indian Penal Code, 1860, Section 409, 420, 467, 477A, Prevention of Corruption Act, 1988, Section 13(1)(c), (d) -- Criminal breach of trust by Public servant - Falsification of PPF accounts - In the instant case, there is no, reflection of bank transaction undertaken by accused in PPF withdrawal register - Evidence of PW establish that transaction covered under numerous..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Where executants of a sale deed seeks to avoid sale deed, he has to sue for cancellation of deed - However, if a no, executant seeks to avoid sale, he has to sue for declaration that deed executed is invalid and void and he is not bound by it...........
Criminal Procedure Code, 1973, Section 178, 179, 184, Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Passport Act, 1967, Section 12 -- Territorial jurisdiction - Criminal conspiracy - Cheating and forgery - Some offences were committed in India and some outside India - Cause of actions thus,..........
