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2020 (9) TMI 1310 - SCH - Indian LawsTerritorial Jurisdiction - Transfer of appeal pending before the High Court of Meghalaya to the Gauhati High Court - Meghalaya High Court did not have, at that point of time, an available Division Bench to dispose of the appeal - HELD THAT - Having heard learned counsel for the parties, it is clear that the learned Single Judge s judgment dated 16.07.2015 is a detailed judgment which also referred to the learned Advocate General s contentions. This being so, the impugned judgment is set aside and the appeal is allowed.
Issues involved: Transfer of appeal from one High Court to another, setting aside judgment of Single Judge, remand for fresh disposal, constitution of Division Bench for disposal on merits.
Transfer of appeal: The Supreme Court, in an order dated 13.08.2018, decided to transfer an appeal pending before the High Court of Meghalaya to the Gauhati High Court due to the unavailability of a Division Bench in Meghalaya. However, the Division Bench of the Gauhati High Court, in an order dated 05.11.2019, did not address the merits of the case but instead set aside the judgment of the Single Judge for not recording the contentions of the respondent. Setting aside judgment: The Division Bench held that since the Single Judge did not record the respondent's contentions, the judgment needed to be set aside and remanded for fresh disposal on merits. However, upon hearing the parties, the Supreme Court found that the Single Judge's judgment was detailed and did refer to the contentions raised by the Advocate General. Consequently, the Supreme Court set aside the impugned judgment and allowed the appeal. Constitution of Division Bench: The Supreme Court, recognizing the need for a suitable Division Bench to hear the appeal, directed that the matter be placed before a Division Bench in the Meghalaya High Court for disposal on merits. This direction was made in accordance with the previous order of transferring the appeal and ensuring that the case is disposed of in line with the letter and spirit of the earlier order.
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