Supreme Court expounds: HC can transfer civil cases from one State to another if HC is common for both States

 

In a significant verdict, on Tuesday, Supreme Court held that a High Court can transfer a civil lawsuit from one state to another if HC is common and has jurisdiction over both States.

The judgment came on a “pristinely legal and novel” issue of whether the Supreme Court is the sole repository of power under section 25 of the Code of Civil Procedure (CPC) to direct transfer of a “suit, appeal or other proceeding from a civil court in one State to a civil court in another.”

The Apex Court bench comprising of Justice Hrishikesh Roy and Justice Dipankar Datta referred to relevant provisions of the CPC and ruled that the apex court is the sole authority to transfer civil cases from one state to another if the jurisdictional High Courts are different.

Detailed Analysis to follow.

 

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(With input from news agency language)

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