Supreme Court of India · 2008-01-11
KULWINDER KAUR@KULWINDER GURCHARAN SINGH vs KANDI FRIENDS EDU. TRUST .
- Citation / case number
- SC 2006/32965
- Court
- Supreme Court of India
- Petitioner
- KULWINDER KAUR@KULWINDER GURCHARAN SINGH
- Respondent
- KANDI FRIENDS EDU. TRUST .
- Bench
- C.K. THAKKER & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court upheld the High Court's decision to transfer Civil Suit No. 506 of 2003, emphasizing the need for impartial adjudication in disputes involving the Kandi Friends Educational Trust. The Court noted that the transfer was necessary to ensure a fair trial, given the contentious nature of the case and the allegations surrounding the murder of the former Chairman, Gurcharan Singh. The Court ruled that the transfer was justified under the provisions of the Code of Civil Procedure, 1908, particularly under Order XXXIX, Rules 1 and 2, which allows for such transfers to prevent injustice.