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Showing contexts for: SUBRAMANIAN SWAMY in Chakradharamahanthi Vekata Maikya ... vs Chakradharamahanthi Vekata Ramana ... on 6 December, 2018Matching Fragments
In the recent Constitution Bench judgment decision of the Apex Court in Subramanian Swamy v. Union of India13, this Court held reputation to be an inherent and inseparable component of Article 21.
The four main facets that constitute the essence of access to justice are:
i. The State must provide an effective adjudicatory mechanism;
ii. The mechanism so provided must be reasonably accessible in terms of distance;
The paramount consideration to exercise power to transfer cases under Section 25 of CPC must be a requirement of justice and mere convenience of the parties or any one of them may not be enough for exercise of such power, but it should even be shown that the trial within the chosen forum can lead to denial of justice. If the ends of justice shall demand and the transfer of the case imperative, there will not be hesitation to transfer the case. The right of dominus litus to choose the forum of consideration of the plaintiff convenience etc., cannot eclipse the requirement of justice. Justice must be done to all, at all costs, if necessary by the provision of the code, from one Court to the other (vide Dr. Subramanian Swamy v. Ramakrishna Hegde17) The Apex Court in Kulwinder Kaur @ Kulwinder Gurcharan Singh v Kandi Friends Educational Trust and others18, laid down the following guidelines to exercise power under Section 24 of CPC by the Courts and they are as follows: