138 case

S.D. Singh (Querist) 09 July 2016 This query is : Resolved
A COMPLAINT U/S 138 IS FILED WITHIN TIME. But later on it is noticed that complaint has been filed in wrong jurisdictional court. Now the court can dismiss the complaint or will transfer to appropriate jurisdictional court. whether the complaint shall be deemed to have been filed in time in case transferred to new court.

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Devajyoti Barman (Expert) 10 July 2016
The court would transfer the case to be filed in court of proper jurisdiction.

Rajendra K Goyal (Expert) 10 July 2016
Court may transfer the case to court having proper jurisdiction.

R.K Nanda (Expert) 10 July 2016
Nothing to add.

Dr J C Vashista (Expert) 11 July 2016
Well advised.

seshadri dubey (Expert) 11 July 2016
At first I agree with other experts but some rulings will be needed to convince the court
You may go through this case law
Malati Shankar v/s National Insurance Co.Ltd[2016,S.C]
though the case is regarding the motor accident claim case and not exact one but supreme court has spoken about the jurisdiction issues, hope this will clear you view.

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