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Showing posts with label transfer of case. Show all posts
Showing posts with label transfer of case. Show all posts

Mar 31, 2011

Neha Arun Jugadar Vs Kumari Palak Diwan 14.02.11

Hon’ble Supreme Court of India observed as under
In a case where a party alleges that the court where the case is pending has no jurisdiction, he should apply to that court for dismissing it on this ground. There is no question of transfer of such a case.

Feb 27, 2011

Vikas Kumar Roorkewal Vs State of Uttarakhand and others

In jan 2011 Hon’ble Supreme Court of India observed as under
The fact that the driver had turned hostile is not in dispute. The fact that in spite of the receipt of several summons neither the petitioner nor his wife nor his family members nor other witnesses have been able to go to Haridwar to depose before the Court is not denied by the State Government. Therefore, this Court is inclined to accept the case of the petitioner that he and other witnesses have not been able to respond the summons only because of fear to their lives due to the threats administered by the accomplices of the accused. Case is transfer to Delhi.

Feb 26, 2011

Maneka Sanjay Gandhi Vs Rani Jethmalani (1979) 4 SCC 167


Hon’ble Supreme Court of India observed as under
“Assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like mini-grievances. Something more substantial, more compelling, more imperilling, from the point of view of public justice and its attendant environment, is necessitous if the Court is to exercise its power of transfer. This is the cardinal principle although the circumstances may be myriad and vary from case to case. We have to test the petitioner’s grounds on this touchstone bearing in mind the rule that normally the complainant has the right to choose any court having jurisdiction and the accused cannot dictate where the case against him should be tried. Even so, the process of justice should not harass the parties and from that angle the court may weigh the circumstances.