Order not dictated in open court,pronounced by Shirestedar
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
Guest
(Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING TRANSFER APPLICATION IN A CRIMINAL CASE AND ORDER KINDLY NOTE THAT.
1.REGARDING TRANSFER OF ANY CRIMINAL CASE FROM ONE COURT TO ANOTHR IN SAME DISTRICT, THE HONOURABLE PRINCIPAL DIST AND SESSIONS COURT HAS JURISDICTION FOR THE MATTER.A TRANSFER APPLICATION IS TO BE FILED IN SAID COURT BY MENTIONING THE GROUNDS AND THE RESPONDENTS IS ISSUED THE NOTICE.ON HEARING BOTH THE ADVOCATES THE HONOURABLE COURT MAY PASS THE ORDER AND MAY EITHER ALLOW OR REJECT THE TRANSFER APPLICATION.WHEN MATTER IS CALLED OUT IN CASE ANY PARTY IS ABSENT STILL ORDER IS PASSED AS IT IS AN APPLICATION WHICH IS DECIDED AFTER SERVICE OF NOTICE TO RESPONDENTS.
3.KINDLY NOTE THAT PLACE OF OFFENCE IS IMPORTANT TO DECIDE THE JURISDICTION OF THE COURT.BUT IN CASE ANY OTHER GROUNDS SUCH AS SAFETY OF APPLICANT AND RISK TO THE LIFE OF APPLICANT AND CONVENIENCE OF BOTH THE PARTIES IS CONCERNED THE COURT MAY DECIDE THE MATTER ACCORDINGLY.
4.IN CASE ANY PARTY IS NOT SATISFIED THEN THEY MAY APPROACH HIGH COURT FOR FURTHER REMEDY.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP
THANKS.
Guest
(Expert) 18 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING TRANSFER APPLICATION IN A CRIMINAL CASE AND ORDER KINDLY NOTE THAT.
1.REGARDING TRANSFER OF ANY CRIMINAL CASE FROM ONE COURT TO ANOTHR IN SAME DISTRICT, THE HONOURABLE PRINCIPAL DIST AND SESSIONS COURT HAS JURISDICTION FOR THE MATTER.A TRANSFER APPLICATION IS TO BE FILED IN SAID COURT BY MENTIONING THE GROUNDS AND THE RESPONDENTS IS ISSUED THE NOTICE.ON HEARING BOTH THE ADVOCATES THE HONOURABLE COURT MAY PASS THE ORDER AND MAY EITHER ALLOW OR REJECT THE TRANSFER APPLICATION.WHEN MATTER IS CALLED OUT IN CASE ANY PARTY IS ABSENT STILL ORDER IS PASSED AS IT IS AN APPLICATION WHICH IS DECIDED AFTER SERVICE OF NOTICE TO RESPONDENTS.
3.KINDLY NOTE THAT PLACE OF OFFENCE IS IMPORTANT TO DECIDE THE JURISDICTION OF THE COURT.BUT IN CASE ANY OTHER GROUNDS SUCH AS SAFETY OF APPLICANT AND RISK TO THE LIFE OF APPLICANT AND CONVENIENCE OF BOTH THE PARTIES IS CONCERNED THE COURT MAY DECIDE THE MATTER ACCORDINGLY.
4.IN CASE ANY PARTY IS NOT SATISFIED THEN THEY MAY APPROACH HIGH COURT FOR FURTHER REMEDY.
YOU MAY WRITE OR CALL FOR ANY FURTHER HELP
THANKS.
AMAR RANU
(Querist) 19 April 2010
My Ld Advocate friend has not understood the question.
Please reread the question and law point involves whether the such Order is valid if the same was not dictated in open court as required by law and the same was also prnounced by Shirestedar of the said court during the absence of the said principal session judge.
In the eyes of law the said order is invalid one.
Now what is the remedy and we are in search of case law to take the said matter to High Court.
Amar
