Gujarat amend will not apply but maharashtra amend if done will apply ?
pratik
(Querist) 03 April 2011
This query is : Resolved
Civil Procedure Code 1908
25. Power of Supreme Court to transfer suits, etc.
1[25. Power of Supreme Court to transfer suits, etc.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]
Query : so as per section 25(5) can we say that if the SC (Supreme court) directs the case of a civil suit for Mumbai (maharashtra) to Gujarat than the amend if done under the civil procedure code, 1908 in the state of gujarat will not apply but the amendment done or not done will only apply. (In short gujarat state government has done any amend than tha amendend will not apply only maharashtra (mumbai) amend or law will apply. Becasue the state has the powers to amend the law as per the state goverment discreations given under the indian consitution, 1949.
Also what is the meaning of (made by a motion ) as per section 25 (2) ?
Thanks.
Chanchal Nag Chowdhury
(Expert) 03 April 2011
U have correctly answered your own query.
Made by a motion means the application U R making to court seeking the relief.
pratik
(Querist) 04 April 2011
Thanks A Lot.
