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anil bhargava (prop)     13 December 2015

Transfer section 138

after amendment of negotiable instruments act 2015, what is the procedure of transfer of section 138 case from court of one state to court of another state and what is the time limit set to courts to transfer the case



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 7 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 December 2015

The courts are directed to suo Moti transfer the case

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 December 2015

The courts are directed to suo Moti transfer the case

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     14 December 2015

The courts are directed to suo Moti transfer the case

Adv. Sagar R. Jadhav (Proprietor)     14 December 2015

You require to file simple Application for transfer the case mentioning all facts related territorial jurisdiction and prayers for transfer before appropriate court.

T. Kalaiselvan, Advocate (Advocate)     24 December 2015

The courts transfer the case to the jurisdictional court and the time limit is one month from the date of the order.

anil bhargava (prop)     24 December 2015

Where is it mentioned that case will be transfered in one month. Also if the case is not transfered in one month what should be done so that it is transfered immediately thereafter.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     25 December 2015

The conerned JMFC has no power to transfer the cheque complaint ,  this is locuna in the law.

 

However now the procedure being followed all over India  is  that the court where you have filed the case will return the case file to you and you have to refile it within thirty days before the court which has jurisdiction as per the ordinance which has now become law since passed by rajyasabha..

 

The court may return the case file to your either on your application or on its own motion there is no time limit for that. Once the file is returned to you than thereafter you have to refile the complaint within thirty days of its return.


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