Bench:
Justice A Qureshi
Petitioner:
Rajkot Cancer Society
Respondent:
Municipal Corporation, Rajkot
Issue
What is the scope of power of transfer of cases from one Court to another?
Facts
- A matter which was supposed to be heard by the 2nd Joint Civil Judge, Rajkot was transferred to the Court of 1st Joint Civil Judge, Rajkot by the impugned order of the learned Assistant Judge, Rajkot.
- Petition filed to challenge the said order in Gujarat High Court.
Petitioner’s contentions
- It was contended that the learned Judge hadn’t provided any reason for the transfer of matter from one Court to another.
- No reason to say that the initial Court would be unable to dispose of the matter expeditiously.
Respondent’s contentions
- The contention raised was that there is no express reason for the order of transfer. However, the 2nd J.D. had previously issued an ex parte mandatory injunction in the matter.
- Also, another reason could be that the plaintiff had earlier filed a suit which was withdrawn and hence the order, so that another Court could apply its mind afresh.
Relevant Paragraphs (Paragraph Number 4 of the Original Judgement)
- The High Court must exercise its power to transfer a case from one Court to another with extreme cautious because it directly relates to the competence and integrity of the Judge from whom the case is so transferred.
- Therefore, this power should be exercised only in appropriate and special circumstances when there is proper and sufficient reasons. No case should be transferred merely on the basis of presumptions or apprehensions.
Judgement
The High Court upheld the petition. The impugned order was set aside. It was stated that the transfer of the case from one Court to another is a serious matter which indirectly questions the integrity of the judge from whom the case is transferred. All the sufficient reasons and not mere presumptions for the transfer needs to be stated. Such a power has to be exercised with due care.
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