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AJOY KUMAR MUKHERJEE
Bina Das @ Bina Halder – Appellant
Versus
Kakdwip Court Bar Association – Respondent
JUDGMENT
Ajoy Kumar Mukherjee, J. - This is an application under Section 24 of the Code of Civil Procedure, 1908 arising out of Clause 13 of the Letters Patent, 1865 for transfer of Title Suit No. 167 of 2019 from the Court of the learned Civil Judge, (Senior Division) at Kakdwip, South 24 Parganas to this Hon'ble Court or to any other Court in West Bengal.
2. The petitioner is a practising advocate at Kakdwip Sub-Divisional Civil and Criminal Court at 24 Parganas (South) and she became the member of the Kakdwip Bar Association on or about 2000 and since then she is practising therein. The petitioner had undergone a forty (40) hours Mediation Training under the West Bengal Judicial Academy during the period from 25th June, 2019 to 29th June, 2019. Petitioner alleged as she had undergone the abovementioned training, the Bar Association of Kakdwip Court, represented by its Secretary, being the defendant no.2 herein, issued a show cause notice and thereafter, the petitioner's Bar Association membership was terminated, though petitioner gave reply to the respondents/defendants, in terms of the show cause notice. The petitioner alleged that she is restrained from using the facility of the
Mere apprehension of not getting justice or extraneous affairs not connected with the issue of transfer are not sufficient grounds for transferring a case.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
Transfer of suit – Mere apprehension of adverse order cannot be a ground for transfer – Eventuality of transfer of suit on account of amendments based solely on merits is different from seeking trans....
Point of law: In matters relating to transfer of a case from one district to another, it is to be noticed that if the case is pending before a Court which is within the specified area of Oudh only in....
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