Transfer of proceeding from one bech of high court to another on its own.
Querist :
Anonymous
(Querist) 18 August 2011
This query is : Resolved
Under what circumstances a Judge of high court can nominate a particular case after hearing for more than 7 times in his court can place it before the Chief justice for another bench. Non of the parties had objected. The transfer will certainly effect both the parties as one party will stand fully gained while the other party will be carried away by miscarriage of justice as the STAY order obtained earlier on the ground stands finaly settled by the present bench three years back by the present judge. What is the effective remedy for me to challenge this issue before the honble Supreme Court ? will I get any proper relief? Can an representation before the present Judge or before the Chief Justice will be proper and effective. If the writ petition is heard by the present Judge its lawfully it stands decided in the favour of one party. Pl suggest quick and effective remedy. As early as possible
ajay sethi
(Expert) 18 August 2011
transfer of case may be due to number of reasons. it may be that assignment of judge has changed . your lawyer would be in position to enlighten you as to why case has been transferred . since your lawyer too did not object to transfer he may have been convinced of the reasons for transfer . appeal to supreme court wont serve any purpose . my suggestion si that instead of filing appeal proceed with the case before assigned court
Advocate Rajkumarlaxman
(Expert) 19 August 2011
File an civil application contesting for the stay order passed itself. this does not finally decide the matter but you get a chance to submit your pleadings which may if put correctly can change the strategy of the Judge which is tending in one's favour.
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