Constitution 139A — Transfer of certain cases

The Constitution of India, 1950

Statutory text

(1) Where cases involving the
same or substantially the same questions of law are pending before the
Supreme Court and one or more High Courts or before two or more High
Courts and the Supreme Court is satisfied on its own motion or on an
application made by the Attorney-General of India or by a party to any such
case that such questions are substantial questions of general importance, the
Supreme Court may withdraw the case or cases pending before the High Court
or the High Courts and dispose of all the cases itself:
Provided that the Supreme Court may after determining the said
questions of law return any case so withdrawn together with a copy of its
judgment on such questions to the High Court from which the case has been
withdrawn, and the High Court shall on receipt thereof, proceed to dispose of
the case in conformity with such judgment.
(2) The Supreme Court may, if it deems it expedient so to do for the ends
of justice, transfer any case, appeal or other proceedings pending before any
High Court to any other High Court.

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