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february 2011

Supreme Court of India · 2011-02-14

Neha Arun Jugadar & Anr vs Kumari Palak Diwan Ji

Citation / case number
AIR 2011 SUPREME COURT 1164
Court
Supreme Court of India
Petitioner
Neha Arun Jugadar & Anr
Respondent
Kumari Palak Diwan Ji
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court dismissed the Transfer Petition filed by Neha Arun Jugadar and another, seeking to transfer MACT No. 138 of 2009 from Gautam Budh Nagar, U.P. to Pune, Maharashtra, on the grounds of jurisdiction. The Court held that a transfer can only occur if both courts have jurisdiction, and if a party claims that the court lacks jurisdiction, they must seek dismissal in that court rather than transfer. The petitioners were advised to apply for dismissal based on jurisdictional grounds in the original court.

Neha Arun Jugadar & Anr vs Kumari Palak Diwan Ji · Niyam