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Friday, June 20, 2014

Creation of forum and transfer of pending matters

Creation of a different or a new appellate forum by itself is not sufficient to accept the argument/contention of an implied transfer. Something more substantial or affirmative is required which is not perceptible from 2003 Act.

 

A right of appeal as well as forum is a vested right unless the said right is taken away by the legislature by an express provision in the statute by necessary intention.

 

(2014) 5 SCC 219

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