Published on: 07 September 2023 at 15:59 IST
Court: Supreme Court of India
Citation: Shah Newaz Khan V. State of Nagaland (2023)
Honourable Supreme Court of India has held that a High Court which is common for the States can inter-State transfer the Civil Suits to the States where it exercises the superintendence under the aegis of Section 24 of the Code of Civil Procedure, 1908.
- High Court of Punjab and Haryana can transfer Civil Suits amongst the territories of Chandigarh, Punjab and Haryana
- High Court of Bombay can transfer Civil Suit amongst Maharashtra, Goa, Dadar & Nagar Haveli and Daman & Diu
- High Court of Guwahati can transfer the Civil Suit amongst Arunachal Pradesh, Assam, Mizoram and Nagaland
- High Court of Jammu & Kashmir and Ladakh can transfer the Civil Suit amongst Jammu & Kashmir and Ladakh
- High Court of Kerala can transfer the Civil Suit amongst Kerala and Lakshadweep
- High Court of Madras can transfer the Civil Suit amongst Tamil Nadu and Puducherry
- High Court of Calcutta can transfer the Civil Suit amongst West Bengal and Andaman & Nicobar Island
48. In view of the aforesaid discussions, the issue is answered by concluding that:
(i) a true and proper interpretation of section 25 of the CPC leads us to the conclusion that the same applies to inter-State transfer of a suit, appeal or other proceeding where both States have a High Court in terms of Article 214 of the Constitution and not to a transfer where both States have a common High Court under Article 231 thereof; and
(ii) 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 (transferor and transferee) are subordinate to it.
Drafted By Abhijit Mishra
