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प्रश्न
Principle: No court can execute the decisions unless it is having territorial jurisdiction over the property or the person against whom a decision is to be executed. The Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
Facts: A decision is given by the court at New Delhi on a contractual matter against X in a suit between X and Y. X is a resident of Maharashtra and he has properties in Maharashtra and Gujarat.
विकल्प
New Delhi court can transfer the proceedings to Court at Maharashtra only
New Delhi court can execute the decision because it had the jurisdiction to decide the matter so it can execute also
New Delhi court can transfer the proceedings to court at Gujarat only
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
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उत्तर
New Delhi court can transfer the proceedings to either of the courts i.e. Maharasthra or Gujarat
Explanation:
New Delhi court can transfer the proceedings to either of the courts i.e. Maharashtra or Gujarat. This is according to the principle that the Court which gave the decision can transfer the matter to the court which has the territorial jurisdiction over the person or property.
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संबंधित प्रश्न
Given below is the statement of Legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: Any institution or body can be a 'State' if it is created under the constitution or a statute, or if it is substantially financed by the Government, or the Government holds its share capital.
FACTUAL STRUCTURAL: K approached the High court by filing a writ petition against the Board for Control of Cricket in India( BCCI). The argument advanced was that BCCI is a 'State, within the meaning of Article 12 of the constitution of India. The question is whether the argument is acceptable?
DECISION:
With what subject do the Articles 5 to 11 of the Constitution of India deal?
Which of the following article permits the state to impose compulsory services for public purposes?
Which of the following is not a writ issued by Supreme Court?
The Council of Ministers is collectively responsible for whom?
Whose decision is final in the proceeding of the Lok Sabha?
Who among the following does not hold his/her office at the pleasure of the President of India?
The retirement age of Chief Information Commissioner of India is __________.
The Constitution of Jammu and Kashmir came into force on ________.
What is the strength of the Legislative Assembly of Arunachal Pradesh?
