Avoiding-of-orders-by-link-court
Madhu Mittal
(Querist) 19 May 2015
This query is : Resolved
Respected Sirs,
In some of the courts of Negotiable Instruments Act, Presiding Officers has been transferred to another City. The work of these courts, has been handed to another Court called Link Court. Now it is said in these Link Courts, that power of passing any order is not with the Link Court in the files of courts whose Presiding Officer has been transferred. Whether there may be such type of orders or it is being said only to avoid the work of another court?
Thanks with Regards,
T. Kalaiselvan, Advocate
(Expert) 22 May 2015
What you have heard is a wrong information.It is baseless, do not be misguided by such rumors.
Madhu Mittal
(Querist) 22 May 2015
Respected Sir,
It is happening in the courts, and hearing dates are being adjourned by the link courts by telling that the link court is not having the powers of passing any orders. Take an example, The presiding officer of Court A is transferred, now charge of Court A is with Link Court X. The summon duly served was deposited in the Court A and where is no Presiding Officer, so file was got put up before Court X(Link Court), now here presiding officer is not doing any work, means not giving orders of next stage i.e. to issue bailable warrant, and simply filed the summon order and gave next date of hearing and it is being asked to us (our employee) that Link Court is having only the powers of signing the files and not having any powers to order to issue bailable warrant.
Here I want to get confirmed from the learned members of LCI in general and you in particular, whether there may be such type of orders or it is just being told to avoid the work of Court A by the presiding officer of Link Court, if confirmed from here, it can be pressed in Link Court, the order of Bailable warrant should be issued.
Thanks With Regards,
