Transfering of writ petition from HC of MP to AFT
Ganganna Nijampure
(Querist) 15 October 2009
This query is : Resolved
Hello,
A writ petition was filed in the High Court of Madhy Pradesh -Jabalpur in the year 1996 Seeking relief against the harsh and inhuman verdict given by a Court Martial. Now with the Armed Forces Tribunals are made operational.
The petitioner has been living at Bangalore,and the nearest AFT is at Chennai.
Can any one let me know can the case be tansfered to Channai?
If yes will it be transfered by the advocate directly,under intimation to the petitioner or how the case file handeled.
It would be great to enlighten on the case transfer [compltee documents, who to collect and intiate further action]
an advise on the above is humbly requested.
Raj Kumar Makkad
(Expert) 15 October 2009
When special courts are constituted to look into any pending matters, generally courts themselves transfer the cases having proper jurisdiction to deal with the case henceforth or either of the counsel may apso apply to transfer the case by moving an application based upon the notification of the constitution of special tribunal or court. No separate document is required for that. The case shall be transferred to the tribunal in whose jurisdiction court martial was held and not a place wherein the petitioner is residing.
Ganganna Nijampure
(Querist) 16 October 2009
Thanks for the response.The present counsel with whom the case is held has instructed the petitioner to collect his case file (document).In this case how will the petitioner proceed ,engage another cousel to represent the case,what about the counsels fees already paid ? as he cannot argue for the case at different place May be lucknow.
Please advice.
Arul Kumar
(Expert) 22 October 2009
The refund of counsel's fees depends on the what was the arrangement made during payment of fees to the earlier cousels. You can give the case to another consels after obtaning n.o.c from the earler counsel.
