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1 - 10 of 25 (0.38 seconds)Article 21 in Constitution of India [Constitution]
Section 25 in The Arms Act, 1959 [Entire Act]
G.X. Francis And Ors. vs Banke Bihari Singh And Anr. on 4 December, 1957
No hard and fast rule can be laid down for transferring a case. For each case would depend on its own unique facts and circumstances. But an examination of some of the cases decided by the Honble Supreme Court would reveal the judicial thought on this burning issue: in the case of G.X. Francis v Banke Bihari Singh (AIR 1958 SC 309) the Apex Court felt that where public confidence in the fairness of the trial is likely to be seriously undermined under the circumstances of the case, transfer petition could be allowed.
Abdul Nazar Madani vs State Of Tamil Nadu & Anr. on 5 May, 2000
In the case of Abdul Nazar Madani v State of T. N. [(2000) 6 SCC 204] the Apex Court observed as under:
Satish Jaggi vs State Of Chhattisgarh & Ors on 22 February, 2007
Both in the cases of Satish Jaggi v State of Chhattisgarh & Ors. [(2007) 3 SCC 62] and in the case of Surendra Pratap Singh v State of Uttar Pradesh & Ors. [(2010) 9 SCC 475] the Apex Court was of the opinion that the cases should be transferred on the ground that justice should not only be done, but should also appear to be done with the parties.
Surendra Pratap Singh vs State Of U.P.& Ors on 15 September, 2010
In fact, the case of Surendra Pratap Singh (supra) was a case involving a sitting MLA. Considering the fact that one of the accused persons was a sitting MLA, the court directed the case to be transferred in light of the principle quoted above.
National Human Rights Commission vs State Of Gujarat & Ors on 1 May, 2009
In the case of National Human Rights Commission v State of Gujarat & Ors. [(2009) 6 SCC 767] (herein after referred to as the NHRC (II)) the Honble Supreme Court had observed as under: