Transfer of business.
pratik
(Querist) 12 August 2010
This query is : Resolved
150. Transfer of business.
Save as otherwise provide, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.
141. Miscellaneous proceedings.
The procedure provided in this Code in regard to suit shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.
1[Explanation.-In this section, the expression "proceedings" includes proceedings under Order IX, but does not include any proceeding under Article 226 of the Constitution.]
Query : What does the above section says in detail & & what do u mean by Transfer of business & Miscellaneous proceedings in this CPC pls with the example(S).
Thanks In Advance.
Chanchal Nag Chowdhury
(Expert) 12 August 2010
Section 24 CPC gives a power to a District Judge to transfer a case from one court to another court within that District. Likewise, the High court may transfer a case from one court to another court in another District & even bring the case to itself.
Now,according to S.150 CPC, in such cases, even if a case of a lower court is transferred to the High court, the procedural part will be governed by the rules as applicable to the lower court & not that of the High court i.e.,the High court will proceed according to the procedural rules governing the lower court & the High court Rules will not apply to the case.
Writ petitions U/Art. 226 of the Constitution stand on a completely different plane altogether. Writ petitions U/Art. 226 can be tried only by the High court & it's procedural rules are the High court Rules & the CPC can apply only to the extent allowed by High court Rules.
