Immigration is the only area of law which is not one of the reserved legal activities but is subject to a standalone regulatory regime that allows non-lawyers to practise in it. Mr Justice Lane, president of the Upper Tribunal, and Judge Lindsley said they were concerned that Salman Zafar “did not appear to have a proper understanding of the limits of his authorisation”. The Upper Tribunal has referred an immigration adviser “persuaded to act outside his remit by the entreaties of clients” to the Office of the Immigration Services Commissioner (OISC). The transfer petition arose out of matrimonial dispute between the parties, but the expression 'cause or matter pending before it' cannot be stretched to cover all disputes originating from such matrimonial problem that can be resolved by this Court, sitting singly, while hearing a transfer petition.Immigration: Advisers need to stand firm and act only as authorised Annulment of marriage cannot be linked to any cause or matter pending before this Court in the facts of the given case. One of the preconditions for exercise of jurisdiction under Article 142 of the Constitution of India in passing order or decree for doing complete justice is that the cause or the matter in which the Court intends to invoke the provisions thereof must be pending before it. "I am of the view that while sitting singly this Court does not have the jurisdiction to take a decision on that plea made in the joint application. Justice Bose in his judgement observed that annulment of marriage will not come under any of the four categories of the cases which can be handled by a single bench as per Order VI Rule (1) of Supreme Court Rules 2013.
In this case, the parties to a transfer petition before the Supreme Court filed a joint application for divorce by mutual consent. Justice Aniruddha Bose in his ruling last year has also observed it single bench of Supreme Court cannot invoke power under Article 142 of the Constitution to pass a decree for dissolving a marriage by mutual consent. "The issue as to whether a Judge sitting singly can pass an order granting decree of divorce to the parties on the basis of the Settlement Agreement in exercise of powers conferred under Article 142 of the Constitution of India has been referred for adjudication by a larger Bench" The single-judge bench of Justice Krishna Murari has transferred the above question to a larger bench for consideration while noting: Whether a single-judge Supreme Court can exercise powers under Article 142 of the Constitution to pass a decree of divorce on the basis of mutual consent?
0 kommentar(er)
