Section 94 of the Code of Civil Procedure (CPC) is a provision in the Indian legal system that deals with the transfer of cases from one court to another. It allows for the transfer of a case from a court that has jurisdiction over it to another court that also has jurisdiction, but which may be more convenient or appropriate for the case to be heard in.
The purpose of this section is to ensure that cases are heard in a court that is most suitable for them, rather than being tied to a specific location or court. This can be important in cases where the parties involved live in different parts of the country, or where the case involves complex legal issues that may be better handled by a particular court.
There are several grounds on which a case may be transferred under section 94 CPC. These include:
Convenience of the parties: If the parties involved in the case live in different parts of the country, it may be more convenient for the case to be heard in a court that is closer to one of the parties.
Complexity of the case: If the case involves complex legal issues that may be better handled by a particular court, it may be transferred to that court.
Public interest: If the case has significant public interest, it may be transferred to a court that is better equipped to handle such cases.
Inconvenience of the court: If the court that has jurisdiction over the case is unable to hear it due to logistical issues, such as a shortage of judges or other resources, the case may be transferred to another court.
In order for a case to be transferred under section 94 CPC, an application must be made to the court by one of the parties involved in the case. The court will then consider the application and decide whether or not to transfer the case. If the case is transferred, it will be heard by the new court, which will have the same powers and jurisdiction as the original court.
In summary, section 94 CPC is a important provision in the Indian legal system that allows for the transfer of cases from one court to another in order to ensure that they are heard in a court that is most suitable for them. It helps to ensure that justice is served in a fair and efficient manner.
Section 93, 94 CPC
This time is provided so that the court can look clearly and deeply into the matter. Such payment made within the time fixed by the court retrospectively validates a faulty document. Rule 5 of the CPC clearly states that if it directs an order to any corporation, then it includes its members too. Section 148 to 153B of CPC discusses the provisions of the Inherent powers of the Court. To appoint a bailiff of court in order to restrain the respondents from an illegal act. Section 151 of the Civil Procedure Code deals with the inherent powers of the court. Description 1 Where an assessee, sets up an undertaking or enterprise for manufacture or production of any article or thing, on or after the 1st day of April, 2015 in any backward area notified by the Central Government in this behalf, in the State of Andhra Pradesh or in the State of Bihar or in the State of Telangana or in the State of West Bengal, and acquires and installs any new asset for the purposes of the said undertaking or enterprise during the period beginning on the 1st day of April, 2015 and ending before the 1st day of April, 2020 in the said backward area, then, there shall be allowed a deduction of a sum equal to fifteen per cent of the actual cost of such new asset for the assessment year relevant to the previous year in which such new asset is installed.
Click here to read more from the. Subhashini pursuing my 2nd year B. Court has discretionary or inherent power to make such order which is not given in terms of laws for the security of justice or to check misuse of the method of the Court. If there is any case law kindly give me reference as my argument coming on 13th this months. PART VI 94-95 — SUPPLEMENTAL PROCEEDINGS Section 94. Feel free to talk! When a party practices fraud on the court or on a party to a proceeding, the remedies have to be provided on the basis of inherent power.
These words also indicate that Justice is the persuit and end of all law. Rule 4 states that any order for an injunction may be discharged, or varied, or set aside by the Court, on an application thereto by any party dissatisfied with such order. Rule 2 provides an injunction to restrain repetition or continuance of breach of any kind. Sheetal Nandwani, AIR 1992 SC 671. Abuse of the powers of the court which happens in unfairness to party needs to get relief on the ground that the act of a court shall not prejudice anyone. Section 93 and 94 of Code of Civil Procedure 1908 Exercise of powers of Advocate and Supplemental Proceedingsare defined under Section 93 and 94 of Code of Civil Procedure 1908. The court may also ask the disobeying person to attach the property, and if even after a period of one year, he continues to disobey or breach the orders, his property may be sold, and compensation, as think fit by the court is paid to the aggrieved parties, and if there remains any amount, it is paid back to the entitled persons.
When permanent injunction is ordered, then the defendants have to stop acting in a way or act as per orders. Generally, it is valid only up to 10 days. It is the duty of the Courts to serve justice in every case, whether given in this code or not, brings with it the important power to do justice in the absence of a definite or separate provision. PETITION UNDER SECTION 94 CPC. Rule 3 states that the court has to provide the defendant party a notice in any form, before providing injunction to the aggrieved parties. Suppose you stay in an apartment with your aged parents who are ailing with heart diseases, and the person in your neighborhood keeps playing loud music.
One to file an appeal and another to file an application under O. Leave alone MIL - the girl has no semblance of a prima facie so as to enable her to obtain a stay over the self acquired property of her husband. The former injunction is given when there is an urgent need for such injunction, prior to the trial. I started gaining interest in content writing very recently when i started reserching more and more, in recent days. In simple words, when a term is fixed by provision for the doing of any act, the Court has the power to extend such period up to 30 days. Ram Kumar, 2001 8 SCC 24. Execution petition filed under order 21 rule 32.
PETITION UNDER SECTION 94 CPC. HOW TO DRAFT A PETITION U/S 94 CPC FOR THE APPOINTMENT OF A BAILIFF?. THE SAMPLE IS GIVEN BELOW, PLEASE MAKE NECESSARY AMENDMENTS AS PER THE FACTS OF THE CASE.
Injunction cannot be claimed as a right, but it is an equitable and discretionary relief of the court of law, which should be granted only when it is absolutely necessary. Section 94 CPC : Supplemental proceedings. Conclusion Inherent powers are the power of court which are helpful in minimizing litigation, avoid multiplicity of proceedings and to render complete justice between two parties. A party to a case will become the perpetrator of the abuse in cases when the said party does acts like obtaining benefits by functioning fraud on the Court or a party to the proceedings, prompting the multiplicity of proceedings, etc. In order to prevent the ends of justice from being, defeated the Court may, if it is to prescribed,- a issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison; b direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property; c grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold; d appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property; e make such other interlocutory orders as may appear to the Court to be just and convenient. The rules may also provide to deal with different circumstances unprovided for which arises in future. Section 37, however states that relief can be granted on the basis of the merits of the case.
General Power U/Sec 94 CPC Can’t be Invoked in Derogation of or Contrary to the Specific Mandate Contained in the Code itself: Karnataka HC
PETITION UNDER SECTION 94 CPC. Querist 10 August 2019 This query is : Resolved Need urgent help. The issue now the JDs being government officers can they be arrested by a warrant under section 82 of cpc. Chandra Shekara Gowda, AIR 1993 Kant 29: 1992 2 Kant LJ 536: ILR Kar 1992 1996. It says that those who disobey or breach the granted injunction, then either the court which granted the injunction or the court having jurisdiction can detain such person in civil jail for not more than 3 months or till the court directs orders for his release.
During his career, he has been involved in some of the most complicated and high profile cases, and participated in several ground-breaking litigation cases. Section 94 c states that grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold, and section 94 e says that make such other interlocutory orders as may appear to the Court to be just and convenient. THE SAMPLE IS GIVEN BELOW, PLEASE MAKE NECESSARY AMENDMENTS AS PER THE FACTS OF THE CASE. Types of injunction There are two types of injunction, preliminary and permanent injunction. Enlargement of time Section 148 of the CPC states that where any term is fixed or awarded by the Court for the doing of any act provided by CPC, it is the discretionary power of the Court that Court may enlarge such period from time to time, even though the term originally fixed or awarded may have departed. Petitioner Through Counsel Note : Attach an affidavit in support of this petition. Many thanks in anticipation.
