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1 - 4 of 4 (0.53 seconds)Subhendu Prosad Roy Choudhury And Ors. vs Kamala Bala Roy Choudhury And Ors. on 1 February, 1978
In Krishna Roy Choudhury v. Ranjit Roy Choudhury and in Pranami Dutta Mazumdar v. Prasanta Kumar Choudhury, (supra), the following principle governing the general power of transfer of the High Court under section 24 of the Code of Civil Procedure, 1908 laid down by the Supreme Court in India Overseas Bank, Madras v. Chemical Construction Co. & Others, AIR 1979 SC 1514, has been quoted :-
Pranami Dutta Mazumdar vs Prasanta Kumar Choudhury on 29 July, 1994
Thus, the plaintiff has a right to choose the forum which the law allows him for the purpose of instituting his suit and the court should not lightly change that forum and compel him to go to another court with consequent increase in inconvenience and expense of prosecuting his suit and there must be adequate grounds justifying such a transfer. In Pranami Dutta Mazumdarv. 'Prasanta Kumar Choudhury (supra), this court has held that transfer should not be ordered for reasons of sentimentality, and the balance of convenience of all the parties and the witnesses, if any, must be considered and that the convenience of not only the defendant but both the parties should be taken into consideration.
Indian Overseas Bank, Madras vs Chemical Construction Company & Ors on 3 May, 1979
In Krishna Roy Choudhury v. Ranjit Roy Choudhury and in Pranami Dutta Mazumdar v. Prasanta Kumar Choudhury, (supra), the following principle governing the general power of transfer of the High Court under section 24 of the Code of Civil Procedure, 1908 laid down by the Supreme Court in India Overseas Bank, Madras v. Chemical Construction Co. & Others, AIR 1979 SC 1514, has been quoted :-
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