Supreme Court Dismisses Transfer Petition as Withdrawn Upon Petitioner's Request. Transfer Petition Withdrawn and Dismissed Under Civil Original Jurisdiction Without Adjudication on Merits.

  • 136
Judgement Image
Font size:
Print

Case Note & Summary

The Supreme Court of India, in its civil original jurisdiction, dealt with a transfer petition filed by Moumita Kar against Pallab Gautam. The petitioner, through learned counsel, requested permission to withdraw the transfer petition. The court considered this request and granted the permission sought. Consequently, the transfer petition was dismissed as withdrawn. The judgment does not detail the underlying facts, legal issues, arguments, or analysis, as the matter was resolved solely on the basis of the petitioner's withdrawal request. The court's decision was straightforward, allowing the withdrawal and dismissing the petition accordingly, without delving into substantive legal reasoning or precedents.

Headnote

A) Civil Procedure - Transfer Petition - Withdrawal - Code of Civil Procedure, 1908 - Petitioner sought permission to withdraw the transfer petition - Court granted permission and dismissed the petition as withdrawn - Held that withdrawal was allowed as per petitioner's request (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the petitioner can withdraw the transfer petition

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Transfer Petition is dismissed as withdrawn

Law Points

  • Withdrawal of petition
  • Civil procedure
  • Transfer jurisdiction
Subscribe to unlock Law Points Subscribe Now

Case Details

2021 LawText (SC) (9) 72

Transfer Petition (Civil) No.932 of 2020

2021-09-20

Vikram Nath

Moumita Kar

Pallab Gautam

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Transfer petition in civil matter

Remedy Sought

Petitioner sought permission to withdraw the transfer petition

Issues

Withdrawal of transfer petition

Submissions/Arguments

Petitioner prayed for permission to withdraw the transfer petition

Ratio Decidendi

Petitioner can withdraw a transfer petition upon request, leading to dismissal without adjudication on merits

Judgment Excerpts

Learned counsel for the petitioner prays for and is granted permission to withdraw the Transfer Petition. The Transfer Petition is, accordingly, dismissed as withdrawn.

Procedural History

Transfer Petition filed in Supreme Court, petitioner requested withdrawal, court granted permission and dismissed petition as withdrawn

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Reviews Appeal Against National Commission Dismissal in Medical Negligence Case Against Homoeopathic Practitioner for Allopathic Treatment. Homoeopath Not Qualified to Prescribe Allopathic Drugs Alleged as Deficiency in Service Under Co...
Related Judgement
High Court High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Mandatory Sampling and Sealing Procedures. Conviction under Section 20(b)(ii)(B) of Narcotic Drugs and Psychotropic Substances Act, 1985 set aside as prosecution failed t...