s (Business) 05 September 2011

Rules around re-listing of cases transferred by supreme court

I would like to ask if there are laws/rules governing the timeframe under which the recipient court should list a matter transferred to it ?

For example: if SC transfers a case from Bangalore to Delhi, and the Bangalore court sends the file on the 1st of April, then by what date should the concerned Delhi court list that matter? If they fail to do so, can anything be done? Would this be termed laxity and possible collussion of the court officials in Delhi ?

Are these rules published somewhere or is it best to use an RTI application to get the information?

Regards

LIB

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2 Replies

Adv. Chandrasekhar (Advocate) 05 September 2011

three methods are there:

1. While the S.C. is disposing off the case, you can put a request to give a particular date to Delhi court for the parties to appear. If it has not been done;

2. Move application in Banagalore Court while filing the S.C. order to give a particular date to Delhi Court for the parties to appear. If it has not been done;

3. Move an application in Delhi Court with S.C. order to list the matter early as so much delay has happened in transfer proceedings and the court will take up the file on the next day and give the date, according to its calendar.