Transfer of cases in supremecourt

By Team Legal Helpline India, March 5, 2022

Transfer of cases in supremecourt can be filed as transfer petition before Supreme Court for transfer of any case or proceedings from one state to another state. The grounds for Transfer of cases in supremecourt are various which depend upon the facts and circumstances of the case and the prevailing conditions in the state. The Transfer of cases in supremecourt can for both types of cases, civil as well criminal. For them there are different set of laws governing the transfer of cases in supremecourt.

TRANSFER OF CASES IN SUPREMECOURT ON THE CIVIL SIDE:

The transfer of cases in supremecourt on the civil side includes the transfer of any civil case from one state to another state. The civil case can be of any type. It can be civil suit, divorce case, money recovery case or any civil appeal arising out of the orders from the lower courts. Section 25 of the Code of Civil Procedure prescribes for the transfer of a civil case from one state to another. The petition which is filed before the Supreme Court for transfer of cases in supremecourt is often called Transfer Petition ( Civil) which is heard and then directions issued for the transfer of the civil case.

TRANSFER OF A DIVORCE CASE:

The transfer of a divorce case from one state is a very common and prevalent procedure under which Transfer of cases in supremecourt is done from one state to another state. It is however important as the transfer is done from one family court to another family court in another state. This is called the transfer of the case from one court to another court of competent and equal jurisdiction. Mostly the Transfer of cases in supremecourt is done on the transfer petition filed by the wife against the husband when the husband files the divorce petition at the place of his choice. The Supreme Court orders for the transfer of the divorce case from one state to another on the basis of the grounds as stated in the transfer petition before the Supreme Court either by the wife or the husband.

TRANSFER OF CASES IN SUPREMECOURT ON CRIMINAL SIDE:

Section 405 of the Code of Criminal Procedure contemplates the Transfer of cases in supremecourt on the criminal side. This section contemplates the transfer of any criminal case, criminal proceedings from one state to another state by Supreme Court. This is however done on some valid and proper grounds which the Supreme Court can consider and pass appropriate orders. The main grounds avaialbe for the transfer of a criminal case before Supreme Court is apprehension of improper trial, threat or coercion to the witnesses etc.

PROCESS OF TRANSFER OF CASE BY SUPREME COURT:

The process of transfer of cases in supremecourt is same for both civil as well as criminal cases. The petition for transfer of the case is filed before the Registry of the court. The transfer case is then checked and listed by the Registry for hearing before the court. Based on the merits of the case, the court issues notice and the other party is given the opportunity to file the reply.

After the filing of the reply by the other party the court may seek the petitioner to file his rejoinder or decide the matter. The final order on the transfer petition is passed thereby either accepting the transfer pleas end ordering the transfer of the case or rejecting the same.

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