N.K.Assumi (Advocate) 23 November 2016
Every court within a state has its own jurisdictions and appeal lies within the state court and no othe State. However, if you have filed your appeal petition in the wrong court of another State, that court should instruct you to present it in the proper court, as such wrong can be cured. For transfer, unless you have a solid grounds for transfer, it is not advisable to approach the Supreme Court.
Ms.Usha Kapoor (CEO) 23 November 2016
READ THE FOLLOWIGN ALSO ON THE SUPREMECOURTS POWER TO TRNSFER ALREADY HEARD MATERS TO ANOTHER STATE AND ALSO CAN PREFER AN APPEAL AGAINSTTHAAT jUDGMENT TO SECURETHE ENDS OF JUSTICE.SEE THE SITUATION IN J&K.
Top Court said it can transfer cases being adjudicated by courts in Jammu and Kashmir to other states.
New Delhi: The Supreme Court on Tuesday said it can transfer cases being adjudicated by the courts in Jammu and Kashmir to other states in pursuance of the right of citizens to access justice under Article 21 of the Constitution.
Holding that access to justice is a part of Article 21, a constitution bench of Chief Justice TS Thakur, Justice Fakkir Mohamed Ibrahim Kalifulla, Justice AK Sikri, Justice SA Bobde and Justice R Banumathi said the Supreme Court, therefore, can transfer the trial of cases from Jammu and Kashmir to other states in exercise of its powers under Article 136.
"The provisions of Articles 32, 136 and 142 (of the constitution) are, therefore, wide enough to empower this Court to direct such transfer in appropriate situations, no matter Central Code of Civil and Criminal Procedures do not extend to the State nor do the State Codes of Civil and Criminal Procedure contain any provision that empowers this court to transfer cases," said Chief Justice Thakur pronouncing the judgment.
The bench said this while examining the issue as to whether the top court, in exercise of its powers under Article 136, transfer the trial of cases outside Jammu and Kashmir or vice-versa in the absence of necessary provisions in Ranbir Penal Code (RPC) which applies to the state.
The constitution bench gave its verdict while answering in affirmative a reference by a three judge bench whether the top court had the power to transfer a civil or criminal case pending in any court in Jammu and Kashmir to a court outside that State and vice versa. The reference was made in April 21, 2015, while court was dealing with 11 transfer petitions involving disputes of civil nature.
Holding that there was no "prohibition against use of power under Article 142 to direct transfer of cases from a Court in the State of Jammu and Kashmir to a Court outside the State or vice versa", the constitution bench said that there was no enabling provision to do so.
"The absence of an enabling provision, however, cannot be construed as a prohibition against transfer of cases to or from the State of Jammu and Kashmir," it said, adding that what is equally important, the court said is to see "whether there is any fundamental principle of public policy underlying any such prohibition".
VIJAY 23 November 2016
Experts, the replies are very encouraging.
I'm facing 498a in one state and Maintenance and DV cases in another state without me giving divorce or any counter cases.
If the cases in other state go against us, I want a re-trial of the same in my state where 498a is already going on.
It seems in our country certain women can harass any one legally for huge sum of money. Believe me it is extremely difficult to maitain mental balance and convince my self not to do anything stupid "you know what I mean...".
I already have a transfer petition in SC and she did not file her reply for 10 months asking time after time. Unfortunately without knowing I gave the cases an advocate from her state and a very near place but the petitions are still dragging. He has takes us for a ride.
I then asked for NOC and he says the AOR is having paralysis and cannot provide the NOC. I informed this to the new advocate and he seems to be young and in-experienced in SC matters and continues to ask for NOC. I'm not getting any confidence from him.
WIth two ladies on my side and one being a recent mother, I'm still waiting for any kind of relief from SC.
I've hit a dead end with my petitions not going any where. Not sure whom to believe when even our side advocates go against us.
So, If wanted to know if cases are decided against us in her state I want a re-trail of them in my place where we last lived and all the alleged incidents happened.