Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Sangita Rani Prusty – Appellant
Versus
Niranjan Sahoo – Respondent
JUDGMENT :
SASHIKANTA MISHRA, J.
Heard Mr. H.N. Mohapatra, learned counsel appearing for the petitioner and Mr. B.K. Ghadei, learned counsel for the opposite party.
2. Both these transfer applications have been filed by the same person seeking transfer of two cases pending before different Courts. In TRP(C) No. 377 of 2017, prayer is to transfer CP No. 262 of 2016 pending in the Court of learned Judge, Family Court, Cuttack to the Court of learned Judge, Family Court, Puri. In TRP(C) No. 378 of 2017, prayer is to transfer CP No. 680 of 2014 pending in the Court of learned Judge, Family Court, Cuttack to the Court of learned Judge, Family Court, Puri. In both the cases, by way of interim orders, further proceedings in the aforementioned cases before the learned Judge, Family Court, Cuttack were stayed. In course of hearing of the present applications, however, it was brought to the notice of this Court that despite such order of stay the Court below proceeded with the hearing of the cases and also disposed of the same.
3. To amplify, in TRP(C) No. 377 of 2017, by order dated 18.12.2017, this Court granted interim stay of further proceedings in CP No. 262 of 2016 pending in the Court bel
Orders passed in violation of a stay are null and void, and parties must be restored to their original positions.
The jurisdiction under Section 24 CPC is concurrent between the High Court and District Court, but a party cannot challenge a transfer order in both courts; they must choose one forum.
A transfer of case under Section 24 requires substantial evidence of bias or a denial of justice; mere apprehension is inadequate.
Modification/recall of Order passed by Supreme Court in Transfer Petition (Criminal) – Any application filed on pretext of ‘clarification/addition’ while evading recourse of review, ought not to be e....
A mere allegation of bias and delay in proceedings is insufficient for transferring a case; substantial evidence is required to demonstrate real apprehension of unfairness.
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
