...-plaintiff has filed application before the District Judge to transfer the case to another judge. A transfer application being filed by post is a novel method being adopted by th...direction to decide the temporary injunction application Paper No. 6C in Original Suit No. 381 of 2023 (Harish Kumar Vs. Ram Prasad and another). Learned counsel for the...has found that it is not a fit case to grant an ex-parte order. This petition is, therefore, dismissed. Order Date :- 12.10.2023 A. V. Singh (Jayant Banerji, J...

...transfer a case pending in the Court of a District Judge to that of a District Judge of another District. Keeping this in mind, the Courts have interpreted words ‘competent to try’ occurr...High Court or the District Judge can transfer a case under this provision to a Court, which need not have territorial jurisdiction over the subject matter of the litigation if the transferee Court is...the Principal Family Court, Mysore to the Court of I Additional Family Judge at Bangalore.2. It is the case of the petitioner that she was married to the respondent on 2.12.1996 at...

...transferring the case to another Special Judge. Indeed Section 527 itself contemplates that the transfer should be to a Court of equal or superior jurisdiction and we presume that there are Specia...Court lacks jurisdiction to transfer the case pending before the Special Judge Bharatpur. This objection goes to the root of the matter. Questions of inherent jurisdiction must always be decided before...statutory, it is submitted no order can be made under Section 527 because on transfer, even if a Special Judge is entrusted with the case, the second condition is bound to be broken...

...:—“1. Sub-section (1-C) of Section 528 Cr. P.C does not confer power on the Sessions Judge to transfer a sessions trial from the file of one Additional Sessions Judge ...under Section 528, Cr. P.C for the transfer of the case to another Additional Sessions Judge or Assistant Sessions Judge in the same Sessions Division.2....) of Section 407 Cr. P.C appears to be the conferment of concurrent power of transfer on the Sessions Judge of case from one Criminal Court to another Criminal Court in his sessions divis...

...Bhandari, C.J.:- (1) The question which falls to be determined in the present case is whether it is within the competence - of a state government to transfer a corruption, case...the court of mr. Jain, a question arose whether it is within the power of a state government to transfer a pending case from the court of one special judge to that of another and on 20th august th...of 1952 to allot a particular case to a particular judge, it has no power to transfer a pending case from one special judge to another; and (b) that although, a...

.... The grievance of the applicant that he has moved an application before the Additional District and Session Judge, Bareilly to transfer the case to another Court on which, by order date...out of which S.T. No. 247 of 2013 is said to be pending in the Court of Additional Session Judge, Court No. 10, Bareilly, under Sections 498A, 304B/34, 306/34 I.P.C. and section 3/4 D.P. Act...consider it appropriate to interfere with the matter at this stage. The applicant may approach the concerned Session Judge for interim order in the pending proceeding. With the aforesaid...

...Principal District Judge who can hear the transfer case from one Subordinate Court to another Court. Petitioner raised the plea that the Additional District Judge is not competent to hear...under S. 16 of Civil Courts Act. It is a fact that the Additional District Judge has no power of its own to hear the transfer application or to transfer the case from on...application for transfer before the Court of District Judge, Srinagar seeking transfer of the case pending in the Court of Ist Addl. Munsiff to the Court of Judge Small Cause, just to avo...

...Section 406 of the Code could have transferred a case which was triable only by a Special Judge to be tried by the High Court or even if an application had been made to this Court under Section 406 of the Code ...by the court were without jurisdiction and as such void. There was no jurisdiction, according to Shri Rao, or power to transfer a case from the Court of the Special Judge to any High Court. Sectio...Special Judge to another Special Judge. Under Section 407 however, corresponding to Section 526 of the old Code, it was submitted the High Court has power to transfer any case ...

...from the case and requested the Prl. City Civil and Sessions Judge, Bangaluru, to transfer the case to any another court, as the said learned Judge was of the impression that the...Civil and Sessions Judge, Mayo Hall, Bangaluru, at C.C.H.No.22 and to transfer it to any court at City Civil Court Complex, Bengaluru. The said miscellaneous petition has been dismissed by the impugned...to C.C.H.No.22. The plea made by petitioner herein is to transfer the said suit from C.C.H.No.22 to any other court. There is no allegation made against the Presiding Officer of C.C.H.No.22 much -: 4...

...appeals by the provisions of section 32(2). He had no right to transfer it to anybody else.3. Under the Act of 1950 the Chief Judge to whom an appeal lay had the r...Judge of the Court of Small Causes, Calcutta, before whom the appeal was filed had the power to act under the provisions of Section 32 of the Act of 1950 and transfer the case to another ...District Judge is empowered to transfer the case to another Judge of the Court of Small Causes who shall act and try the appeal as a Subordinate-Judge under the Bengal, Agra and ...

...to transfer a suit pending in one subordinate court to another subordinate court which has pecuniary, but not territorial of jurisdiction to try that suit.In one sense it might be said that ...which the case is transferred must have territorial jurisdiction would make it impossible for a High Court to transfer a case pending in the court of a District Judge to that of the District ....Kendall, J.:— I concur.By the Court:—In our opinion, it is open to the High Court or a District Judge to transfer a case pending in a subordinate court to ...

...application dated, 1st October, 2007 numbering Cr. Misc (T) Application No. 59 of 2007 for transfer of the case from the Court of first Additional Sessions Judge to another competent Court in the interest ...law in observing that he has no jurisdiction to transfer the case under Section 409(2) of the Code once the hearing of appeal has begun as the Sessions Judge has ample power to ...under Section 409(2) of the Code learned Sessions Judge has no administrative power to transfer a case from the Court of one Additional Sessions Judge to ...

...Government may, from time to time by notification in the Official Gazette, allot cases for trial to a Special Judge, and may also from time to time by like notification transfer any case from one...Special Judge to another and withdraw, any case from the jurisdiction of a Special Judge or make such modifications in the description of a case (whether in the name of the accused or in the charg...7 bars the transfer of any case from a Special Judge, and Section 8 lays down certain special rules of evidence to be applied in the trial of offences specified in the schedule. Section 9 enacts...

...Additional Sessions Judge, FTC-II, Ballia to another competent jurisdiction Court of Sessions Judge, Ballia. Learned counsel for applicants submits that the complainant- Chandan Thakur (applicant herein) wa... Court No. - 33 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 123 of 2020 Applicant :- Chandan Thakur Opposite Party :- State of U.P. and Another Counsel for...Learned Additional Sessions Judge, FTC-II, Ballia to another competent Court/Sessions Judge, Ballia as he has no faith on the said court as the court concerned has...

...when the charge is framed, trial is commenced and when the trial commences, then, the Sessions Judge has no power to transfer a sessions case from one Additional Sessions Judge to another...thereafter, the Sessions Judge could not transfer the sessions case from one Additional Sessions Judge to another Additional Sessions Judge of that Sessions Division. She has therefore, c...the Code, it has been argued by Ms. Unwala that a power of transfer can be exercised by the Sessions Judge for transfer of a trial of sessions case from one Additional Sessions Judge to ...

...Addl. Sessions Judge Allahabad, wants his case to be transferred to another Court.2. Heard Sri Swetashwa Agrawal, Advocate for the applicant Sri Sanjai Sharma, Additional Government Advocate...of IIIrd Additional Sessions Judge, Allahabad, where the Pre siding Officer, at that time, recorded evidence of five defence witnesses, who was subsequently shifted to another Court of Special Judge (E.C Act) where.... Counsel for the applicant has cited a Full Bench decision in case of Radhey Shyam v. State of U.P,1 wherein, it has been held that the Sessions Judge is not empowered to transfer a part heard ...

...to transfer the matter to another court i.e Special Judge (Gangster Act) for trial that too after recording the evidences of the witnesses.The Sessions Judge has to exerci...appeal under Section 408 of the Code of Criminal Procedure, which is extracted below:-“408. Power of Sessions Judge to transfer cases and appeals.-(1) Whenever it is made ...cases, which does not seem to be the intention of the legislature behind the provisions of Section 326.So far as the jurisdiction of District and Sessions Judge to transfer a case from one ...

...Judge to that of another Sessions Judge of the same sessions division situated in the same complex merely because a party wished that his case should go out of that particular court. An o...Leave granted. We feel that the High Court has improperly exercised a jurisdiction by transferring one case from the court of Principal Sessions Judge to that of the...Additional Sessions Judge without any ostensible reasons at all. A petition was moved by the accused in a murder case to have his case transferred to the court of Additional Sessions Judge even be...

...introduction of a novel method initiated unknown in the Criminal Procedure Code by the Sessions Judge. The Sessions Judge has got power to transfer a case from the court of one Sessions Judge ...to another Sessions court unless there is a judicial initiation from either side. It appears that a petition was filed by the accused persons for transfer of that case, but that petition was not taken judicially by...from the court of Sri S.A Qadr, Assistant Sessions Judge, Banka, where the Sessions Trial was pending to another Assistant Sessions Judge at Banka, where the counter-case in respect of the same...

...permit the petitioner to move an application for transfer of the case to another Officer before the District Judge, Haridwar. In case, such application is moved before the District ...case before 21.05.2012 to another Officer for disposal of 6C2 application filed by the plaintiff/petitioner. It is directed that till...the Civil Judge (S.D), Roorkee in Original Suit No. 50 of 2012, by which simply notice was issued to the petitioner on the interim injunction application no. 6C2 filed by the plaintiff/petitioner and...