SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2004 Supreme(SC) 675

DORAISWAMY RAJU, ARIJIT PASAYAT, VIJAY KUMAR PRASAD
Vijay Kumar Prasad – Appellant
Versus
State Of Bihar – Respondent


JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. The present case reflects a sad state of affairs as it involves a fight between the father and his sons. While the appellant is son of respondent No. 2 [who is the petitioner claiming maintenance in terms of Section 125 of the Code of Criminal Procedure, 1973 (in short the Code ), the other respondents are appellant s step brothers.

3. The factual background projected by the parties need not be noted in detail as the pristine question involved is one of law relating to jurisdiction in terms of Section 126 of the Code where an application can be filed. The application was filed by the respondent No. 2 - father in the Court of Chief Judicial Magistrate, Siwan. The appellant filed an application for transfer of the case from Siwan to Patna alleging that an influential politician was behind the litigation, and he would not get justice if the case is tried at Siwan as he could not even arrange a lawyer to represent him. According to him, the Court at Siwan has no jurisdiction to entertain the application because the appellant lives in Patna and is practising as a lawyer. The Patna High Court rejected the application for transfer primarily o























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top