HC Can Transfer Civil Cases from One State to Another if it is Common for Both States: SC
In a significant verdict, the Supreme Court Tuesday held that a high court can transfer a civil lawsuit from one state to another if it is common and has jurisdiction over both the states. A bench comprising Justices Hrishikesh Roy and Dipankar Datta referred to relevant provisions of the CPC and ruled that the apex court is the sole authority to transfer civil cases from one state to another if the jurisdictional high courts are different. The top court, however, said that a high court like Gauhati, which is common for Assam, Nagaland, Mizoram and Arunachal Pradesh, cannot be deprived of powers to transfer civil cases from one state to another under its jurisdiction. “The power under section 24 of the CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States under Article 231 of the Constitution and both the Civil Courts are subordinate to it,” Justice Roy, writing the judgement for the bench, said.
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