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february 2011

Supreme Court of India · 2011-02-14

NEHA ARUN JUGADAR vs KUMARI PALAK DIWAN JI

Citation / case number
SC 2011/3313
Court
Supreme Court of India
Petitioner
NEHA ARUN JUGADAR
Respondent
KUMARI PALAK DIWAN JI
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court held that a transfer of a case can only occur when both the transferor and transferee courts have jurisdiction, and not when the transferor court lacks jurisdiction entirely. The Court emphasized that if a party believes the court lacks jurisdiction, they must seek dismissal from that court rather than request a transfer. Consequently, the petition for transfer was dismissed, directing the petitioners to apply for dismissal in the original court.

NEHA ARUN JUGADAR vs KUMARI PALAK DIWAN JI · Niyam