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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Niranjan Khanra – Appellant
Versus
Sudripta Das – Respondent
| Table of Content |
|---|
| 1. application under article 227 and order details. (Para 1 , 2 , 3) |
| 2. petitioner's grounds for transfer. (Para 4 , 5) |
| 3. counsels' arguments on bias and trial fairness. (Para 6 , 7) |
| 4. details of witness cross-examination and allegations. (Para 9 , 10 , 11) |
| 5. court's assessment of trial conduct and bias allegations. (Para 12 , 13 , 14) |
| 6. legal principles regarding trial control and transfer. (Para 15 , 16 , 17) |
| 7. reasonable apprehension and grounds for transfer. (Para 18 , 19 , 20) |
| 8. court's application of law on transfer request. (Para 21 , 22) |
| 9. conclusion on transfer denial and direction for trial. (Para 23 , 24 , 25) |
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order dated May 17, 2025 passed by the learned District Judge at Alipore in Misc. Case no. 148 of 2025.
2. By the order impugned, the application under Section 24 of the Code of Civil Procedure being Misc. Case No. 148 of 2025 for transfer of Ejectment Suit no 47 of 2024 was rejected.
3. The opposite parties filed a suit for recovery of possession by way of eviction, damages and mesne pro
The assurance of a fair trial requires substantial grounds for transfer, as mere apprehension of bias is insufficient to justify moving a case.
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
A transfer of case under Section 24 requires substantial evidence of bias or a denial of justice; mere apprehension is inadequate.
A mere allegation of bias and delay in proceedings is insufficient for transferring a case; substantial evidence is required to demonstrate real apprehension of unfairness.
The apprehension of not getting a fair and impartial trial must be reasonable and not imaginary.
Allegations of bias against a Presiding Officer must be substantiated with specific evidence; mere suspicion is insufficient to justify a transfer of case.
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