Supreme Court of India
Kulwinder Kaur @ Kulwinder Gurcharan Singh v. Kandi Friends Education Trust and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
For the foregoing reasons, the appeal is allowed. The order passed by the High Court is set aside and the matter is remitted to the High Court for fresh disposal in accordance with law after hearing the parties. On the facts and in circumstances of the case, however, there shall be no order as to costs.
Judgment, Para 18
From the headnote
Code of Civil Procedure, 1908 - s. 24 - Transfer of cases - Power of court - Scope of - High Court transferring civil suit from the court of Civil Judge, Ropar to the court of Additional Civil Judge, Chandigarh - Challenge to - Held: High Court did not record any reason/ground for transferring the suit - Also it did not consider the allegations and counter-allegations - Moreso, the delay was attributable to plaintiff in the suit - Power u/s 24 cannot be exercised ipse dixit in the manner in which it was done - High Court should have applied its mind to these aspects and prima facie satisfied as to the grounds which weighed in taking such action - Thus, order of High Court set aside and matter remitted back.
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