Explore the detailed legal analysis conducted by the Court in a recent Transfer Petition case. The focus is on the jurisdictional aspects involved, shedding light on the complexities and considerations taken into account. Understanding these nuances is crucial for a comprehensive grasp of legal proceedings. Stay informed on the latest developments in the legal landscape.
Facts
- The petitioner had deposited Rs. 8,500 with the Legal Aid Society in 2009 for instituting a writ petition
- The Society is willing to refund the original sum deposited but finds it inconvenient to defend the suit in Ludhiana
- Prayer for transfer of Civil Suit filed by respondent against the petitioner from Ludhiana to Patiala House Court, New Delhi
- Mr. Raju Ramachandran representing the petitioner-society informed that the respondent filed the suit in Ludhiana seeking a refund of three times Rs. 8,500 legal fee, court fees of Rs. 225, litigation cost of Rs. 5,000, and compound interest
- No appearance or contest from the respondent despite opportunities given
- Interim order from 15th April 2019 to continue until further orders
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Analysis
- The object for which the petitioner society has been established is considered.
- Reference is made to paragraph 11 of the plaint, where the respondent claims that the Court at Ludhiana has jurisdiction.
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Decision
- Transfer Petition C.S. No 1184 of 2019 allowed.
- Proceedings in the Court of Ludhiana will cause prejudice to the petitioner, Legal Aid Society.
- Respondent not before the court, more time granted for appearance.
- Hearing of the petition adjourned for sixteen weeks.
- Case transferred to the competent Court in the Patiala House Court, New Delhi.
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Case Title: SUPREME COURT MIDDLE INCOME GROUP LEGAL AID SOCIETY Vs. VIDYASAGAR (2021 INSC 822)
Case Number: T.P.(C) No.-000640 / 2019
