Civil Procedure Code, 1908, Section 24, Family Courts Act, 1984, Section 7, 8 -- Transfer of suit - Ground - All three cases are closely connected with each other and if tried separately, there is chance of divergent judgments being passed - Suit pending before subordinate Civil Court cannot be transferred to Family Court except u/s 8 of the Act - Prayer rejected...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - When not to be allowed - Held, transfer of a case from one Court to another indirectly casts doubt on competence and integrity of the Judge from whom case is sought to be transferred - Therefore, merely on whim and surmises of parties or for the reason that Advocate appointed by him does not want to appear in..........
East Punjab Urban Rent Restriction Act, 1949, Section 13A -- Eviction petition u/s 13-A of the Act - Purchase of property a day earlier to retirement - Plea of tenant that if a tenant is not inducted by the person filing the petition or it is not proved that he ever received rent from him, then there was no relationship of landlord and tenant between the parties and..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Divorce petition - Endorsement by respondent/husband that without prejudice to his contention he had no objection for passing a decree of divorce - Even after endorsement, trial Judge completely ignored the same and used to post the case on several occasions without any reason whatsoever - Held, petition for..........
Civil Procedure Code, 1908, Section 24(3)(a), 3 -- Impugned order passed by Principal District Judge in exercise of power u/s 24 of Civil Procedure code, withdrawing and transferring case from file of one Additional Judge to the file of another Additional District Judge - Impugned order set aside - Held, application u/s 24 of Civil Procedure Code should be filed before..........
Criminal Procedure Code, 1973, Section 482 -- Criminal proceedings - Quashing of - Criminal breach of trust and cheating - Documents annexed to application u/s 482, Cr.P.C. read with averments made in complaint petition clearly show that dispute arises out of a partnership business between complainant-Petitioner Nos.1 and 2, who were related as son and his parents - There..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Notice sent by registered post - Received back with postal endorsement `Refused' - Refusal admitted by tenant in cross examination - Tenancy held legally terminated - Suit for possession rightly decreed...........
Stamp Act, 1899, Section 2(16)(c), Transfer of Property Act, 1882, Section 105 -- Lease - Definition of lease contained in S.2(16)(c) of Stamp Act is very wide and even if the transaction does not amount to a lease u/s 105 of TPA, the same may nonetheless be a lease for the purpose of the Act...........
Civil Procedure Code, 1908, Section 25 -- Transfer petition - A case can be transferred when both transferor Court as well as transferee Court have jurisdiction and the party seeking transfer of the case alleges that the transferee court would be more convenient because the witnesses are available there or for some other reason it will be convenient for the parties to have..........
Registration Act, 1908, Section 32, 32A, 34A -- Unilateral cancellation of sale deed - (i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect - Such a document does not create any encumbrance in the property already transferred - Hence such a..........
