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1 - 6 of 6 (0.26 seconds)Section 409 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 412 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 408 in The Code of Criminal Procedure, 1973 [Entire Act]
Vijay Pal & Ors vs State Of Haryana & Anr on 3 November, 1998
11. Having heard the arguments advanced by the counsel for the parties, I am of the view that the application for transfer moved by the respondent No. 2 did not contain any reasons for seeking such transfer. It is clear that the said application was not supported by an affidavit and, therefore, the mandatory requirement of Section 408(3) read with Section 407(3) of the Code was not complied with. Non-compliance of such a requirement has been held by the Supreme Court in the case of Vijay Pal and Ors. v. State of Haryana and Anr. (1999) 9 SCC 67 to be fatal. This would be apparent from the following observation in the said decision:
The Code of Criminal Procedure, 1973
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