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Smt. Sushma Mishra Wife Of Sri Mithilesh ... vs Sri Mithilesh Kumar Mishra Son Of Shri ... on 10 October, 2007

In the said decision, the question was, whether the provisions of Section 21 and 21-A of the Hindu Marriage Act would prevail over the provision of Section 25 of the C.P.C. and, in that regard, the Supreme Court held that the plenary power, of the Supreme Court under Section 25 of the C.P.C. cannot be curtailed by the provisions of Section 21 and 21-A of the Hindu Marriage Act; On the otherhand, the learned counsel for the applicant placed reliance upon a decision of he Supreme Court in Western U.P. Electric and Power Supply Co. Ltd. v. Hind Lamps Ltd. 1969 (2) SCWR 16 wherein the Supreme Court held that the High Court has the power to transfer a case under Section 23(3) of the C.P.C. from one Court to another Court outside its jurisdiction. The Supreme Court held-
Allahabad High Court Cites 28 - Cited by 4 - T Agarwala - Full Document

Mamta Gupta vs Mukund Kumar Gupta on 29 March, 2000

In Western U.P. Electric and Power Supply Company's case (supra), the High Court of Allahabad considered the transfer of the case main on two grounds, that the Civil Court at Delhi was also having jurisdiction to entertain the suit and the Counsel for the Electric Company by conceding that the High Court of Allahabad has power of transfer to transfer the case to the Delhi. Referring to these events, the Supreme Court observed as follows:
Andhra HC (Pre-Telangana) Cites 28 - Cited by 5 - Full Document

Durgesh Sharma vs Jayshree on 26 September, 2008

In Western U.P. Electric Power Supply Company Ltd. v. Hind Lamps Ltd., (1969) 2 SCWR 16 : 1969 UJ (SC) 54, A filed a suit in the Court of Civil Judge at Mainpuri (U.P.) against B for recovery of amount. B also filed a suit against A in the Court of Senior Sub Judge, Delhi for certain amount. B filed an application in the High Court of Allahabad for transfer of suit filed by A and pending in the Court of Civil Judge at Mainpuri to the Court of Sub-Judge at Delhi. The application was allowed and the suit was transferred. A applied for recalling of the order contending that condition precedent to the application of Sections 22 and 23 of the Code did not exist and the High Court had no jurisdiction to transfer the suit pending in Mainpuri Court to the Court not subordinate thereto. The High Court, however, rejected the prayer. A approached this Court.
Supreme Court of India Cites 31 - Cited by 82 - C K Thakker - Full Document

Anitha vs Anil Kumar on 21 September, 2005

considering various judgments of different High Courts and also the Supreme Court in Western U.P. Electric & Power Supply Co. Ltd. v. Hind Lamps Ltd., 1969 (2) SCWR 16. In the said judgment the Division Bench held at paragraph 10 that "Where a suit is sought to be transferred to a court subordinate to another High Court, the application for transfer has to be made in the High Court within whose jurisdiction the suit is pending".
Andhra HC (Pre-Telangana) Cites 8 - Cited by 0 - G Chandraiah - Full Document
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