Supreme Court Transfer Case

By Team Legal Helpline India, November 3, 2021

Supreme court transfer case means the transfer of a case by Supreme Court from any court in India to another court of equal powers and jurisdiction. Under the Indian legal system, the Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. For the Transfer of cases in supremecourt , if the Supreme Court, is satisfied  that in such cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself.  The Transfer of cases in supremecourt thus can be done under such circumstances based upon the facts of the particular case.

The process of Supreme court transfer case is initiated after filing of the transfer petition before the Supreme Court by the aggrieved party. The court after being satisfied about the facts and the grounds issues notice to the other party. The court thereafter decides the supreme court transfer case after hearing both the parties and after considering the entire facts and circumstances of the case. This is the general practice and procedure for transfer of cases in supremecourt which is followed by and large in most of the matters.

STAGES OF SUPREME COURT TRANSFER CASE:

  1. Transfer petition is filed for transfer of cases in supremecourt from one state to another state.
  2. The court scrutinizes the petition and the grounds seeking transfer of the case through the supreme court transfer case petition.
  3. Court issues notice to the other party before transfer of the case.
  4. Opposite party has the choice to contest the matter before the court in the supreme court transfer case.
  5. Supreme Court posts the matter for final hearing.
  6. The court finally passes the orders either transferring the case or rejecting the transfer petition.

GROUNDS FOR SUPREME COURT TANSFER CASE

  1. The party may claim or show that the case which is sought to be transferred will cause prejudice in that jurisdiction that the opposite party is very influential and will hamper fair proceedings or fair trial.
  2. The party may also alleged the threat to life during the proceedings.
  3. The financial aspects including the travelling time and expenses may also be included as a ground of the supreme court transfer case.
  4. It can be claimed or shown for the proposes of supreme court case transfer that the court lacks the territorial jurisdiction.
  5. The affected party may also claim that the cause of action of the dispute arose beyond the jurisdiction of the present court hence he is seeking the transfer of the case.
  6. Several other grounds of travelling, safety, security, economic viability are taken before the court based upon the facts and circumstances of the case.

 PROVISIONS FOR TRANSFER OF CASE BY SUPREME COURT OF INDIA:

Broadly the cases are either civil or criminal hence separate provisions under Code of Civil Procedure and Code of Criminal Procedure has been inserted for Supreme court transfer case.

The court can also exercise its original powers under Article 139 A of the Constitution of India or the extraordinary powers of writ under Article 32 of the Constitution of India for transfer of cases in supremecourt and order for the transfer of a case from one state to other. This power is however sparingly used for Supreme court transfer case as the original powers of Code of Civil Procedure and Code of Criminal Procedure are used by Supreme court transfer case.

In this regard we can easily say that the supreme court enjoys the absolute and wide powers Supreme court transfer case from one state to another state. There can be variety of reasons for the same and there can be variety of grounds for the transfer of the case from one state to other state.

TRANSFER OF CIVIL CASE:

Supreme Court has powers to transfer any civil case  from one state to another state to an equal and competent court. This power is prescribed under Section 25 of Code of Civil Procedure being the original powers of Supreme court transfer case. All types of civil cases including the original suit, appeal etc can be transferred by the Supreme Court from the court of one state to another court of other state. The grounds of the transfer of case from one state to another can be any of the grounds given above. Besides that, the Supreme Court has absolute powers in this regard and it can transfer any civil case from court of one state to the court of other state to meet the ends of justice or in the interest of justice. All types of eventualities for the transfer of cases in supremecourt are covered under such provisions.

The provisions of Section 25 of the Code of Civil Procedure are given as under:

Section 25.   Power of Supreme Court to transfer suits, etc.

1[25. Power of Supreme Court to transfer suits, etc.–(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.

TRANSFER OF CRIMINAL CASE:

The Supreme court transfer case powers for a criminal case from one state to another state are prescribed under Section 406 of Code of Criminal Procedure. Code of Criminal Procedure Act, 1973. The powers to transfer a criminal case from one state as provided under the Code of Criminal Procedure are reproduced hereunder:

406.Power to Supreme Court to transfer cases and appeals

(1) Whenever it is made to appear to the Supreme Court that an order under this sections expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.

The provisions thus related to the transfer of the case by Supreme Court are very clear and original and several cases are transferred by the Supreme Court in accordance with these provisions. The category of case as filed in the Supreme Court is called the Transfer Petition civil or criminal depending upon the nature of the case.

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