NDLI: Shah Newaz Khan & Ors. Vs. State of Nagaland & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	25 ss.24 Transfer of CPC Suit
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – ss. 24, 25 – Constitution of India – Arts. 214, 231 – Suit – Transfer of – Appellant-plaintiff moved an application u/s. 24 of CPC before the Gauhati High Court (Common High Court for the states of Assam, Nagaland and two other states) for an order to transfer of a suit filed by appellant in the court of the District Judge, Dimapur, Nagaland to the court of the District Judge at Gauhati, Assam – High Court rejected the transfer application – In appeal before the Supreme Court, issue was: Is the Supreme Court the sole repository of power in terms of s. 25 of the CPC to direct transfer of a suit, appeal or other proceeding from a Civil Court in one State to a Civil Court in another State? Or, is it open for a High Court, if it is the common High Court for two or more States, to entertain an application for transfer u/s. 24 of the CPC and transfer a suit, appeal or other proceeding from a Civil Court to another Civil Court, both of which are subordinate to such High Court but situate in different States in relation to which it exercises jurisdiction, for consideration and decision – Held: A true and proper interpretation of s.25 of the CPC leads to conclusion that same applies to inter-State transfer of a suit, appeal or other proceeding where both States have a High Court in terms of Art.214 of the Constitution and not to a transfer where both States have a common High Court under Art. 231 – Power u/s. 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 Art. 231 of the Constitution and both the Civil Courts (transferor and transferee) are subordinate to it – Judgment of High Court set aside – Gauhati High Court to now decide the application u/s. 24 of CPC afresh.Code of Civil Procedure, 1908 – ss. 24, 25 – Interpretation of – Held: A narrow interpretation of s.25 imposing a bar for entertainment of an application u/s. 24 for transfer of a suit, appeal or other proceeding by a common High Court like the Gauhati High Court inter-se the four States in relation to which it exercises jurisdiction could place a heavy burden and might pose an insurmountable obstacle for litigants of the far-flung areas of the North-East, if they were made to approach Supreme Court for such transfer on the specious ground that the Civil Court to which the same is proposed to be transferred is in a State other than the State in which the suit has been instituted. Interpretation of Statutes – An interpretation of the law that seeks to address the mischief, that is consistent with the Constitution and promotes constitutional objectives and that which responds to the needs of the nation must be adopted.
Judge	Hon'ble Mr. Justice Dipankar Datta
Neutral Citation	2023 INSC 176
Petitioner	Shah Newaz Khan & Ors.
Respondent	State Of Nagaland & Ors
SCR	[2023] 3 S.C.R. 985
Judgement Date	2023-02-28
Case Number	1497

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Shah Newaz Khan & Ors. Vs. State of Nagaland & Ors

Please Log-in to view this content

Sneh Lata Goel Vs. Pushplata & Ors.

M. K. Rappai & Ors. Vs. John and Ors.

The State of Jharkhand Vs. Surendra Kumar Srivastava & Ors.

Shri Vimal Kishor Shah & Ors. Vs. Mr. Jayesh Dinesh Shah & Ors.

Smt. Patasibai & Ors. Vs. Ratanlal

Ram Lal & Ors. Vs. Salig Ram & Ors.

State of Rajasthan Vs. Roshan Khan & Ors.

R. Rajanna Vs. S.r. Venkataswamy & Ors.

Babu Khan and Ors. Vs. Nazim Khan (dead) By Lrs. and Ors.

Shah Newaz Khan & Ors. Vs. State of Nagaland & Ors

Shah Newaz Khan & Ors. Vs. State of Nagaland & Ors

Please Log-in to view this content

Similar Documents

Sneh Lata Goel Vs. Pushplata & Ors.

M. K. Rappai & Ors. Vs. John and Ors.

The State of Jharkhand Vs. Surendra Kumar Srivastava & Ors.

Shri Vimal Kishor Shah & Ors. Vs. Mr. Jayesh Dinesh Shah & Ors.

Smt. Patasibai & Ors. Vs. Ratanlal

Ram Lal & Ors. Vs. Salig Ram & Ors.

State of Rajasthan Vs. Roshan Khan & Ors.

R. Rajanna Vs. S.r. Venkataswamy & Ors.

Babu Khan and Ors. Vs. Nazim Khan (dead) By Lrs. and Ors.

Shah Newaz Khan & Ors. Vs. State of Nagaland & Ors