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2001 Supreme(SC) 1979

SUPREME COURT OF INDIA
B.N. KIRPAL, N.SANTOSH HEGDE, JJ.
Union Of India - Petitioner
Versus
Brij Mohan Lal & Ors. - Respondent
Transfer Petition (C) Nos. 331-32 of 2001.
Decided on : 03-08-2001

The Supreme Court has the jurisdiction to transfer cases from High Courts to itself under certain circumstances.

Headnote:

Transfer Petitions - Jurisdiction - The Supreme Court allowed the transfer petitions and transferred two cases from the Punjab & Haryana High Court and the Andhra Pradesh High Court to the Supreme Court. The Court directed the Registrars of the High Courts to transmit the records of the cases to the Supreme Court within two weeks and listed the transferred cases for further orders after three weeks. The Court also granted liberty to parties with similar writ petitions in the High Courts to intervene.

Fact of the Case:

The Supreme Court allowed the transfer petitions and transferred two cases from the Punjab & Haryana High Court and the Andhra Pradesh High Court to the Supreme Court.

Finding of the Court:

The Court directed the Registrars of the High Courts to transmit the records of the cases to the Supreme Court within two weeks and listed the transferred cases for further orders after three weeks. The Court also granted liberty to parties with similar writ petitions in the High Courts to intervene.

Issues:

Ratio Decidendi: The Supreme Court has the jurisdiction to transfer cases from High Courts to itself under certain circumstances.

Final Decision: The transfer petitions were allowed, and the cases were transferred to the Supreme Court. The Court directed the Registrars of the High Courts to transmit the records of the cases to the Supreme Court within two weeks and listed the transferred cases for further orders after three weeks. The Court also granted liberty to parties with similar writ petitions in the High Courts to intervene.

ORDER :

1. These transfer petitions are allowed and C.W.P. No. 5740 of 2001 entitled Brij Mohanlal vs. Union of India & Ors., pending in the Punjab & Haryana High Court as well as C.W.P. No. 8903 of 2001 entitled Bar Council of A.P. vs. Union of India, pending in the Andhra Pradesh High Court, are transferred to this Court. The Registrars of the High Courts be informed about this order and they be directed to transmit the records of the above cases to this Court within a period of two weeks. List the transferred cases after three weeks for further orders.

2. Liberty will be given, on an application being made, to the parties who have filed similar writ petitions in the High Courts to intervene.

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