Transfer of Case -- Scope of Power Under Section 24 -- Wide discretionary jurisdiction to transfer suo motu or on application
(i) Civil Procedure Code, 1908, S.24 -- Transfer of Case -- Scope of Power Under Section 24 -- This provision confers wide and discretionary jurisdiction upon the High Court and District Court to transfer or withdraw any suit, appeal, or other proceeding at any stage, either on application of a party or suo motu. (ii) Civil Procedure Code, 1908, S.24 -- Transfer of Case -- Consent Based Transfer -- In consent based transfer orders, the requirement of recording reasons is adequately satisfied by noting the consensual stand of parties and the Court's satisfaction that transfer advances the ends of justice. (iii) Civil Procedure Code, 1908, S.24 -- Transfer of Matrimonial Case -- Convenience of Wife -- In matrimonial proceedings, having regard to social realities, convenience of the wife deserves priority consideration, particularly where her personal, familial, or economic circumstances place her at a comparative disadvantage. (iv) Civil Procedure Code, 1908, S.24 -- Transfer of Case -- Unopposed or Consensual Transfer -- Where transfer is sought by consent or remains unopposed, the necessity for an elaborate comparative analysis of balance of convenience stands diluted, though the Court must still be satisfied as to legality and fairness of the transfer. (v) Civil Procedure Code, 1908, S.24 -- Transfer of Case -- Effect of Consent -- Consent to transfer operates as a voluntary waiver of objection to forum, and in such cases apprehension of prejudice stands substantially mitigated. (vi) Civil Procedure Code, 1908, S.24 -- Transfer of Case -- Transfer by Consent or Absence of Objection -- Transfer of proceedings by consent, or where the opposite party raises no objection, is legally permissible and within the scope of this provision (vii) Civil Procedure Code, 1908, S.24 -- Transfer of Divorce Petition -- Wife with Minor Son and No Independent Income -- Where a wife resides with a school-going minor son, has no independent income, and would face financial strain and physical hardship in travelling for proceedings, coupled with lack of adequate assistance and ill-health of an aged parent, and the transfer is unopposed by husband with no prejudice shown to either side, the transfer sought is bona fide, consensual, and in furtherance of justice.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
