As we know the new judgement of supreme court, specially in terms of transfer i just want to know if court has issued NBW and it served then ,is there any need to transfer the case?if yes,then how can i save my case from transfer ?
Advocate dishi (AM LEGAL) 29 November 2014
As we know the new judgement of supreme court, specially in terms of transfer i just want to know if court has issued NBW and it served then ,is there any need to transfer the case?if yes,then how can i save my case from transfer ?
Dalip Singh (Advocate) 29 November 2014
As per SC judgement, the case is to be transferred by the court itself. You have to do nothing. The cases where the notice under section 251 Cr. P.C. has been issued and application under section 145 (2) has been allowed, those cases will continue in the same court. In your case though NBW has been served, but the court has no power to proceed further except to return the case in original which is to be filed by you again in the court having jurisdiction and it is to be contested afresh.
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