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2015 (11) TMI 1676 - SC - Indian LawsTransfer of cases - Held that - Learned counsel on both sides agreed that the proceedings in which the order impugned in the Special Leave Petition namely, Civil Writ Petition No. 4063 of 2015 came to be passed can be transferred to the Delhi High Court. In fact, we appreciate the said stand of the counsel on either sides as we have suggested that the said course would ensure sub-serving the interest of justice and would also save the institution from any embarrassment. Accordingly, we transfer the proceedings pending before the High Court of Himachal Pradesh with all the Miscellaneous Petitions in exercise of our powers under Article 139A(2) of the Constitution of India, to the High Court of Delhi.
Issues: Transfer of proceedings from High Court of Himachal Pradesh to High Court of Delhi.
In this judgment by the Supreme Court of India, the main issue was the transfer of proceedings from the High Court of Himachal Pradesh to the High Court of Delhi. The court heard arguments from both sides represented by learned counsels and agreed that transferring the proceedings to Delhi would serve the interest of justice and prevent any embarrassment to the institution. The Supreme Court, exercising its powers under Article 139A(2) of the Constitution of India, decided to transfer the proceedings along with all miscellaneous petitions in the case to the High Court of Delhi. The parties involved were directed to pursue their remedies in accordance with the law before the High Court of Delhi. The High Court of Himachal Pradesh was instructed to promptly transmit all records related to the writ petition to the High Court of Delhi. The judgment clarified that due to the transfer, the court was not addressing the correctness of the impugned order, leaving it open for parties to seek variations or confirmations before the High Court of Delhi. Notably, certain statements and allegations were deleted from the records, emphasizing fairness and respect towards the judiciary. The court also made it clear that the order did not imply the State Government's consent. Ultimately, the Transfer Petition was allowed, leading to the dismissal of the Special Leave Petition under the specified terms. The judgment underscored the importance of upholding justice and procedural fairness in legal proceedings, ensuring that the parties have the opportunity to pursue their remedies effectively.
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