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TUSHAR RAO GEDELA
Rahul Sharma – Appellant
Versus
State, Government of National Capital Territory of Delhi – Respondent
JUDGMENT
Tushar Rao Gedela, J. (Oral)
[The proceeding has been conducted through Hybrid mode]
CM APPL. 22624/2023 (for exemption)
1. Exemption is allowed, subject to all just exemptions.
2. The application stands disposed of.
CM(M) 724/2023 & CM APPL. 22625/2023 (for stay)
3. Petitioners challenges the order dated 19.04.2023 in M.No. 328/23 titled as "Sonal Garg vs. Rahul Sharma & Anr." whereby on an application under Section 24 of the CPC, 1908 filed by the respondent No.1, the learned Principal District & Sessions Judge had transferred the MCA SCJ No. 6/22 titled as "Sonal Garg vs, Rahul Sharma" after withdrawal from the Court of Sh. Himanshu Raman Singh, learned ASCJ, Shahdara Distirct, Karkardooma Courts, Delhi to the Court of Sh. Deepak Sherawat, learned SCJ, Shahdara Distirct, Karkardooma Courts, Delhi to be tried as per law.
4. With the assistance of the counsel, this Court has come to a conclusion that the said order was passed in the absence of and without hearing the petitioner on such transfer petition.
5. The consideration of the petition/application under Section 24 of the CPC, 1908, without hearing one of the sides may not be appropriate in the circumstances of the c
The principle established is that the consideration of a petition/application under Section 24 of the CPC, 1908 without hearing one of the sides may not be appropriate, especially when the parties ar....
The court may permit the continuation of a case before a different judge despite finding that the application for transfer did not have the requisite grounds for interference, if it is in the interes....
The requirement of meaningful hearing under Section 24(1) of CPC is a statutory mandate before transferring suits, which must not be compromised.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum for their remed....
The concurrent jurisdiction of the High Court and District Court under Section 24 CPC allows for transfer applications, but a party cannot challenge a transfer order in the same manner after one cour....
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