-
by Admin
07 May 2024 2:49 AM
In a significant decision, the Supreme Court of India emphasized the "elementary principles of natural justice," criticizing its own Registry for preponing a case listing date. This arose during the hearing of a Review Petition related to a Transfer Petition concerning a matrimonial dispute between Binod Kumar Singh and Ranju Singh.
Justice Abhay S. Oka and Justice Sanjay Karol noted that the practice of preponing the matters by the Registry "will cause grave injustice to the parties." They further stated that this practice "needs to be rectified immediately," and directed the Registrar (Judicial Listing) to take "serious note of this fact."
Apart from making observations on the procedural irregularities committed by the Registry, the Court also recalled its earlier order that disposed of the Transfer Petition. This came in light of the procedural flaws that marred the integrity of the process. The Court restored the case to its original number and disposed of the Review Petition.
Further, the Court approved the transfer of MAT Suit No.1954 of 2021 from the Court of 1st Additional District Judge, Barasat, North 24 Parganas, West Bengal, to the Family Court, Bhojpur, District-Ara, Bihar. Additionally, the respondent-husband was granted permission to appear through video conferencing for future proceedings, unless his physical presence is deemed mandatory.
Legal experts note that this judgment serves as a reminder for judicial bodies to strictly adhere to procedural norms to ensure fairness and justice.
The case has now been disposed of, and the Court directed that any pending applications related to the matter shall also stand disposed of.
Date of Decision: October 12, 2023
BINOD KUMAR SINGH vs RANJU SINGH
[gview file="https://lawyerenews.com/wp-content/uploads/2023/10/12_October_2023-Binod_Kumar_Singh_vs_Ranju_Singh.pdf"]
