#Transfer of Suits

The Allahabad High Court has ruled that a transfer application under Section 24 CPC cannot be entertained if a revision remedy under Section 115 CPC is available, reinforcing that procedural alternatives must be exhausted before invoking extraordinary jurisdiction. This clarifies the hierarchy of remedies for litigants challenging interlocutory orders in civil suits across Uttar Pradesh.

Kerala High Court rules that raising a defence under Section 22(4) of the Designs Act, 2000-challenging the validity of a registered design-automatically transfers the case to the High Court, bypassing lower court jurisdiction. This holding reinforces the exclusive jurisdiction of High Courts in design validity disputes, impacting litigants and practitioners in IP enforcement.

The Calcutta High Court has ruled that any pending suit involving commercial tenancy eviction and mesne profit, once the Commercial Division is constituted, must be transferred under Section 15 of the Commercial Courts Act, 2015. Orders passed by non-commercial divisions after this requirement arises are null and void, impacting landlords, commercial tenants, and property litigants across India who must now ensure proper jurisdictional routing from the outset.

Karnataka High Court rules that Civil Revision Petitions under Section 115 CPC are maintainable against transfer orders under Section 24 CPC, even where parties attempt to evade court timelines through concealment or unsubstantiated bias allegations. The court directed the trial court to conclude proceedings within three months, reinforcing judicial efficiency over procedural delays.