Order was not dictated in open court,pronounced by Shirestsd
AMAR RANU
(Querist) 18 April 2010
This query is : Resolved
Recently,a principal session Judge in Mumbai passed a order in the matter of transfer application in a criminal case.The said order was not dictated in open court as required by law but the said order was also pronounced by the Shirestedar of the said court during the absence of the said principal session judge.
In the light of the above,we would like to know as to whether the said order is valid one? If not,what are the remedies available under the circumstances to get the said order declared as invalid.
Any comments/guidance with the support of case laws,if any,would be highly appreciated.
Amar
Devajyoti Barman
(Expert) 01 November 2010
Yes it is valid if the same was passed and signed by the judge himself.