Section 150 of The Code of Civil Procedure, 1908
Transfer of business.
Save as otherwise provided, where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as those respectively conferred and imposed by or under this Code upon the Court from which the business was so transferred.
Summary
- This section explains what happens when a court's workload or legal authority is moved to a new court.
- The court that receives the transferred business gains the same powers that the original court had.
- The new court must also carry out the same duties that were assigned to the original court.
- These rules apply to the transfer of business unless another specific law or rule says something different.
Practical examples
FAQ
1. What does Section 150 of The Code of Civil Procedure, 1908 say about moving cases?
Section 150 of The Code of Civil Procedure, 1908, states that when the business of any court is transferred to another, the receiving court inherits the same powers and duties as the original court.
2. Does a court lose its authority if its business is transferred under the 1908 Code?
No, under Section 150 of the 1908 Code, the authority is simply handed over to the new court so it can continue the work with the same powers and responsibilities.
3. Can Section 150 of the Civil Procedure Code be overridden?
Yes, Section 150 of the Civil Procedure Code applies unless there is another specific provision in the law that says otherwise.
Test yourself
1.Under Section 150 of The Code of Civil Procedure, 1908, what does a court receive when business is transferred to it?
2.When does Section 150 of The Code of Civil Procedure, 1908, not apply to a transfer?
3.Under Section 150 of the 1908 Code, who performs the duties of the original court after a transfer?
4.Does the receiving court gain new duties under Section 150 of the 1908 Code?