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.