Law: Civil Procedure Code (V of 1908)

Section: 25

  Civil Procedure Code (V of 1908)-- ---S.25---Transfer of case---Transfer from one Bench of Supreme Court to another---When can be claimed---Oral hearing of case concluded---Bench expressing opinion in open Court for allowing appeal---Application for transfer of case making mischievous and frivolous objections rejected. No party is entitled to get a case transferred from one Bench to the other, unless the Bench is biased or there are some reasonable grounds for the same, but no right to get a case transferred to any other Bench, can legitimately be claimed merely because the Judges express opinion on the merits of the case on the conclusion of hearing. Where on the conclusion of the oral hearing Supreme Court expressed its opinion in the open Court, that it was inclined to allow the appeal and set aside the order of the High Court and dismiss the writ petition but taking a sympathetic view requested counsel appearing for the party to obtain certain instructions and such opportunity granted to the party was, however, misused by the party by raising mischievous and frivolous objections for transfer of case from one Bench to another instead of filing written submissions, the prayer for transfer was rejected by the Supreme Court. It was more so since oral hearing had already been completed, and in spite of several adjournments the party failed to appear before the Court or to file the written submissions. General Clauses Act (X of 1897)-- ---S.27---Service of letter under registered cover---Presumption, as to----Rebuttal of---Endorsement that addressee refused to accept letter under registered cover---No material to show that endorsement was wrong---Presumption not rebutted. There is presumption of service of a letter sent under registered cover, if the same is returned back with a postal endorsement that the addressee refused to accept the same. No doubt the presumption is rebuttable and it is open to the party concerned to place evidence before the Court to rebut the presumption by showing that the address mentioned on the cover was incorrect or that the postal authorities never tendered the registered letter to him or that there was no occasion for him to…