Supreme Court · 2016 INSC 1186 · Decided 19 July 2016
Anita Kushwaha v. Pushap Sudan
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1186 · [2016] 9 S.C.R. 560
- Case number
- TRANSFER PETITION (CRIMINAL) No. 1343/2008
- Decided
- 19 July 2016
- Bench
- T.S. THAKUR, F.M. IBRAHIM KALIFULLA, S.A. BOBDE, A.K. SIKRI, R. BANUMATHI (5-judge bench)
- Outcome
- Directions issued
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 406; CPC Section 25, 1; Constitution Article 21
Headnote
Constitution .of India: Arts.32, 142 - Transfer petition - Whether Supreme Court has power to transfer a civil or cri111inal case pending in any court in the State of Jam111u and Kash111ir to a Court outside that State and vice versa - Held: The provisions that of s.406, D . Cr.P.C. as applicable to the rest of India, cannot be invoked by any litigant seeking transfer of any case to or from the State of Jam111u and Kashmir - It is equally true that Jammu and Kashmir Code of Civil Procedure, 1977 and Jammu and Kashmir Code of Criminal Procedure,
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