Civil Procedure Code, 1908, Order 8, Rule 1, Commercial Courts Act, 2016, Section 15 -- Written statement - Not filed within time - Extension of time - Transfer of suit from non-commercial division to Commercial division - Provision of S.15 of Commercial Act apply to those procedure that were not completed at the time of transfer - However, in the instant case, procedure..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of divorce case - Husband filed divorce case in Family Court Rajgarh Distt. Churu - Wife is working as Principal in Government School at Churu - Two daughters of parties are presently residing with husband - There is thus, no ground to transfer the divorce petition from Family Court Rajgarh Distt. Churu to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Wife sought transfer of suit filed by her mother-in-law against husband seeking declaration of right over property which was agreed to be sold vide agreement arrived at between husband and wife in meditation - Said agreement entered into between parties in a suit filed by wife seeking recovery of gold..........
Civil Procedure Code, 1908, Section 24, 22, 23, 2(4), Family Courts Act, 1984, Section 7 -- Transfer of matrimonial case - Jurisdiction of Court - Where Lucknow Bench would be appellate Court competent to hear appeals against an order passed by Family Court situated in any of Courts subordinate to it and functional within its territorial limits of jurisdiction, transfer..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Domestic Violence case to Family Court - Original jurisdiction to file application u/s 12 of PWDV Act is only with jurisdictional Magistrate - Jurisdiction of Family Court and DV Act Court are concurrent - Transfer of such proceedings to Family Court would also take away the right of aggrieved women to avail the right..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Jurisdiction of District Court and High Court is concurrent u/s 24 CPC - When a petition for transfer before District Court fails, party applying may approach concurrent jurisdiction of High Court, under the same provision but the party opposing would be precluded from approaching the High Court u/s 24 CPC to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Application u/s 24 CPC allowed by District Court - If party is aggrieved by order passed by District Court, it cannot further invoke jurisdiction of High Court u/s 24 CPC to undo District Court's order - Application u/s 24 CPC before High Court dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - When a suit is transferred from one Court to another, Court only needs to make sure that Court to which suit is transferred is "competent to try" the same...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Term competence u/s 24 CPC is with reference to status of Court and not with reference to territorial jurisdiction...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Convenience of wife has to be prioritized in a petition for transfer of case in matrimonial cases - Since petition for restitution of conjugal rights filed by wife is also pending before Family Court, Baikunthpur, divorce petition filed by husband thus, also transferred to Family Court, Baikunthpur -..........
