AI Overview...
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Section 24 of Civil Procedure Code (CPC) - Purpose and Scope
Transfer of suits to ensure justice, convenience, and expeditious disposal; applicable to civil, summary, and commercial suits SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat, Sukesh Ranjan Srivastava VS Pushpa Lata - Allahabad, Mahendra Rai VS Hemant Kumar Chaudhary - Patna, Aviat Chemicals VS Magna Laboratories - Delhi. -
Application of Section 24 in Different Contexts
- Civil suits: Transferred to appropriate courts based on jurisdiction and convenience (e.g., suits transferred from Small Causes Court to Civil Court) Ranchhodlal Vallabhdas VS Mahendrakumar Ambalal - Bombay, SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat.
- Summary suits: Transfer to facilitate speedy disposal, including commercial summary suits under the Commercial Courts Act Rabo Bank vs State Bank of India - Bombay, Aviat Chemicals VS Magna Laboratories - Delhi.
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Ejectment and tenancy suits: Transfer considered to address jurisdiction issues J. Manicka Chettiar VS Kuppuswami Naicker - Madras.
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Criteria and Considerations for Transfer
- Ends of justice and convenience of parties are paramount SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat, Aviat Chemicals VS Magna Laboratories - Delhi.
- Transfer requests are generally allowed if they promote fair trial and judicial efficiency SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat, Mahendra Rai VS Hemant Kumar Chaudhary - Patna.
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Courts assess jurisdictional issues, the nature of the suit, and the likelihood of speedy disposal Ranchhodlal Vallabhdas VS Mahendrakumar Ambalal - Bombay, P. V. Arumugam VS Gurusamy & Others - Madras.
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Legal Limitations and Conditions
- Transfer under Section 24 is not always maintainable if it involves transfer between courts where jurisdiction is already proper M/s. KJV Alloy Conductors Private Limited vs Maharashtra State Electricity Distribution Company Limited - Bombay.
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Application must be made properly, and the court's discretion is guided by the objective of justice M/s. KJV Alloy Conductors Private Limited vs Maharashtra State Electricity Distribution Company Limited - Bombay.
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Relevant Judicial Principles
- The primary aim is to secure justice and prevent unnecessary delays SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat, Aviat Chemicals VS Magna Laboratories - Delhi.
- Transfer is a discretionary power, exercised to facilitate fair and prompt adjudication SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat.
Analysis and Conclusion
Section 24 of the CPC provides a flexible mechanism for transferring suits to appropriate courts, emphasizing the principles of justice, convenience, and expeditious disposal. Courts typically grant such applications when transfer aligns with these principles, especially in cases involving jurisdictional issues, summary or commercial suits, or where transfer would significantly aid in the swift and fair resolution of disputes. Proper application, judicial discretion, and adherence to the objective of justice are critical for the successful transfer of suits under this section.
References:
- SUGAM CONSTRUCTION PRIVATE LIMITED V/s D.S. ENTERPRISE A PROPRIETORSHIP CONCERN - Gujarat
- Sukesh Ranjan Srivastava VS Pushpa Lata - Allahabad
- J. Manicka Chettiar VS Kuppuswami Naicker - Madras
- M/s. KJV Alloy Conductors Private Limited vs Maharashtra State Electricity Distribution Company Limited - Bombay
- Ranchhodlal Vallabhdas VS Mahendrakumar Ambalal - Bombay
- Rabo Bank vs State Bank of India - Bombay
- Mahendra Rai VS Hemant Kumar Chaudhary - Patna
- P. V. Arumugam VS Gurusamy & Others - Madras
Search Results for "Transfer Application under Section 24 Summary Suits"
2024 Supreme(Online)(GUJ) 26087 • India - High Court of Gujarat
HONOURABLE MR. JUSTICE DIVYESH A. JOSHI, J
(A) Code of Civil Procedure, 1908 - Section 24 - Transfer of suits - Application filed to transfer Summary Civil Suit No.1454 of ... Multiple suits were filed regarding these transactions, leading to the application for transfer. ... ... ... Result: Application allowed; suit transferred to City Civil Court. ... This application is filed under Section #HL_START....
2023 0 Supreme(All) 1869 • India - Allahabad
SAURABH LAVANIA
Transfer Application - Civil Procedure - Section 24 of Code of Civil Procedure, 1908 - Summary Fact of the Case: The applicant sought transfer of two suits from Bahraich to Balrampur, alleging ... for transfer. ... No. 50 of 2023 has been filed by the applicant/Sukesh Ranjan Srivastava under Section 24 of Code of Civil Procedure, 1908 (in short "CPC") regarding transfer of Regular Suit No. 1291 of....
1926 0 Supreme(Mad) 230 • India - Madras
C COUTTS-TROTTER
Transfer of Ejectment Applications - Small Cause Court Act - Madras City Civil Court Act 7 of 1892, Section 5(2), Sections 46, ... Issues: The court considered the jurisdiction and transfer of ejectment applications between the Small Cause Court and the ... Fact of the Case: The court addressed summonses to transfer ejectment applications pending in the Court of Small Causes ... Indeed language is carefully chosen to indicate that they are not #HL....
2023 Supreme(Online)(Bom) 4562 • India - Bombay High Court
Urmila Joshi-Phalke, J
(A) Arbitration and Conciliation Act, 1996 - Sections 34 and 24 of the Civil Procedure Code - Application for transfer of proceedings ... ... ... Issues: Whether the application under Section 24 of the C.P.C. was maintainable for transferring the proceeding. ... that the application was not maintainable for transfer of proceeding to Principal Seat since it sought to transfer between courts ... The said ....
1956 0 Supreme(Bom) 40 • India - Bombay
M.C.CHAGLA, Y.V.DIXIT, R.S.BAVDEKAR
SUITS UNDER SECTION 24, CIVIL PROCEDURE CODE - SUMMARY Fact of the Case: A question arose regarding the jurisdiction ... BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT, 1947 - SECTION 28 - JURISDICTION OF COURTS - TRANSFER OF SUITS FROM SMALL ... Whether the transfer of suits from Small Cause Courts to the Court of the Civil Judge, Senior Division, under Section 28(2)(a) of ... Therefore it is entirely fa....
2024 Supreme(Online)(Bom) 11290 • India - High Court of Bombay
Abhay Ahuja, J
Commercial Courts Act, 2015 submitting that this suit has been registered as a commercial summary suit under the Commercial Courts Act and that Section 12 (1)(a) of the said Act clearly provides that the specified value of the subject matter of
2008 0 Supreme(Pat) 1553 • India - Patna
MIHIR KUMAR JHA
of suits under Section 24 of the Code of Civil Procedure. ... The Court emphasized the purpose of transfer of suits under Section 24 of the Code of Civil Procedure, stating that transferring ... The District Judge rejected the transfer request, leading to the petitioners' application to the court. ... The very scope of such transfer is to secure the ends of justice and if that be so, this Court would find that #HL_....
2008 0 Supreme(Mad) 467 • India - Madras
A.C.ARUMUGAPERUMAL ADITYAN
. - Transfer of Suit - Section 24 - O.S. No.21 of 2006, O.S. No.214 of 2007 - Summary: The court allowed the transfer of O.S. ... Fact of the Case: The petition was filed under Section 24 of C.P.C. for transferring O.S. ... Both suits are to be tried simultaneously and disposed of within two months. ... This Revision has been directed against the order passed in Transfer O.P. No.84 of 2007 on the file of the First Additional Distr....
2009 0 Supreme(AP) 893 • India - Andhra Pradesh
SAMUDRALA GOVINDARAJULU, A.GOPAL REDDY
RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993—Sections 2 (g) and 17—Recovery of debt—Jurisdiction of DRT—Notice ... them and demanded for refund of same with specific interest applicable—Pursuant to failure of petitioners to reimburse amounts, applications ... Section 19 provides the procedure for filing an application befoe the Tribunal for recovery of a debt. ... The scope and ambit of the enquiry by the Tribunal is for speedy disposal of the cases in a summary manner. ... same, ....
2005 0 Supreme(Del) 923 • India - Delhi
SWATANTER KUMAR
Section 24 - Transfer of Civil Cases - Code of Civil Procedure - [MVI Trademark Dispute] - [Section 24] - [Summary of Acts and ... Final Decision: The court allowed the transfer petitions under Section 24 of the Code of Civil Procedure and ordered the suits ... The court emphasized the need to achieve the ends of justice and expeditious disposal of suits while considering the transfer#H....
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