Supreme Court of India
Shah Newaz Khan & Ors. v. State of Nagaland & Ors
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that what is of primordial importance to attract section 25 is the involvement of two civil courts (transferor and trans feree) in the proceedings for transfer, which are not only situate in two different States, but are also subject to the power of judicial superi ntendence and administrative control of the High Courts of each such State.
Judgment, page 25
From the headnote
Code of Civil Procedure, 1908 – ss.24, 25 – Constitu tion of India – Arts. 214, 231 – Suit – Transfer of – Appel lant-plaintiff moved an application u/s. 24 of CPC before the Gauhati High Co urt (Common High Court for the states of Assam, Nagaland and two other states) for an order to transfer of a suit filed by a ppellant in the court of the District Judge, Dimapur, Nagaland to t he court of the District Judge at Gauhati, Assam – High Court r ejected the transfer application – In appeal before the Supreme ourt, issue was: Is the Supreme Court the sole repository of power i n terms of s. 25
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