kaya (manager) 07 November 2014

138 caase

AS PER SUPREME COURT JUDGEMENT. EVIDENCE NOT STARTED CASE CAN BE TRANSFERED TO CONCERN JURISECTION WITHIN 30 DDAYS.

1)TIME LIMITATION COMES FROM WHICH DATE.HOW THE ACCUSSED KNOW THE SAME .

2) IF EXCEEDS 30 DAYS. WHAT WILL HAPPEN.

3) AFTER TRANSFERIN THE CASE WHETHER IT WILL BE STARTED FROM SUMMON STAGE.... AND ACCUSSED WILL RECV SUMMON.

4) DURING THE COURSE IF ACCUSSED CHANGED THEIR ADDRESS WHAT WILL HAPPEND( AT THE TIME OF FILING CORRECT ADDRESS,SUMMON ETC RECVD SAME ADDRES, DUE TO SUDDEN SETBACK HE CHANGED HIS ADDRESS BEFORE TRANSFERIING THE CASE. BUT AFTER TRANSFERING THE CASE BEFORE HE TRANSFERING THE ADDRESS.. WHAT HAPPEND, WHETHER ACCUSSED INFIRMED TO THE FIRST EARLIER COURT ABOUT THE CHANGE OF ADDRESS.. OR SC JUDGEMENT CASE TRANSFERED COURT... PLEASE CLARIFY...THNKS

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Dalip Singh (Advocate) 08 November 2014

1) The limitation will start from the date of return of the complaint. After filing the case in the court having jurisdiction, the complaint will be considered afresh. You have to lead pre-summoning evidence i.e. tender your affidavit. Complaint will be considered by the concerned MM and issue the summoning order. On issuance of summoning order, you have to file PF/RC alongwith copies of complaint and documents and court will issued the summon to the accused.

2) The complaint is to be filed within 30 days from the date of return. In case there is any delay in filing the complaint afresh, file an application for condonation of delay giving sufficient cause for delay.

3) Yes

4) The case will start from the address on the complaint. Thereafter, all the exercises will be done again. This is a drawback to be suffered by all the litigants.