Supreme Court of India
Afjal Imam v. State of Bihar and Ors.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that a High Court has no power, authority or jurisdiction to transfer a case, appeal or other proceedings pending in a court subordinate to it to any 8 court subordinate to another High Court in purported exercise of power under sub-section (3) of Section 23 of the Code and it is only this Court which can exercise the said authority under section 25 of the Code
Judgment, page 49
From the headnote
Bihar Municipal Act, 2007: ss. 23, 27 - Election of new Mayor when the vacancy c arises in the office of Mayor - Power of newly elected Mayor to nominate members of Empowered Standing Committee of the Municipal Corporation - Held: If a vote of no confidence is passed against the Mayor and a new Mayor is elected in his place, the members of the Empowered Standing Committee nominated by erstwhile Mayor shall have to . vacate their seats and the new Mayor will have the authority to nominate· his nominees on the Committee - If the new Mayor is not allowed to nominate his nominees on the
Authorities it was built on
- 1987 Reserve Bank of India v. Peerless General Finance & Investment Co. Ltd. Ors. and Vice Versa
- 1958 N. T. Veluswami Thevar v. G. Raja Nainar and Others
- 2008 Durgesh Sharma v. Jayshree
- 2000 20th Century Finance Corporation Ltd. and Anr. v. State of Maharashtra
- 1989 Union of India and Ors v. Filip Tiago De Gama of Vedem Vasco De Gama
- 2010 Satheedevi v. Prasanna and Anr.
- 2004 State of Jharkhand and Anr. v. Govind Singh
- 2007 Union of India and Anr. v. Shardindu
- 1972 S. V. Kandaskar v. V. N. Deshpande & Anr.
Where later benches applied it
- 2014 Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors.
- 2012 Tara Chand & Ors. v. Gram Panchayat Jhupa Khurd & Ors.
Of those, 1 relied on · 1 referred to
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