Experienced Transfer Petition Lawyers
Tripaksha Litigation is situated in Delhi, India. Advocates in Tripaksha Litigation just not cover Delhi but also covers all other states of India. Our fully independent and Criminal Litigation Law office dedicates the service of its Domestic as well as International Clients which includes Individual, Multinational, Public and Private Companies. Tripaksha Litigation is equipped with an efficient and versatile team of Experienced Advocates, Briefing Counsel, and Legal Researcher who are well trained and have distinguished experience in their specialized areas of Law.
What Is Transfer Petition?
A Transfer Petition involves moving a legal case from one city to another or between different states. For transfers within the same state, the Transfer Petition must be submitted to the High Court. However, when transferring cases between states, the Transfer Petition needs to be filed with the Supreme Court, as it holds exclusive authority to facilitate interstate case transfers.
Provision Of Transfer Of Petition Under Cpc
In matters related to civil cases, Transfer Petitions in the Supreme Court are processed under Section 25 of the Code of Civil Procedure. The Supreme Court possesses the authority to transfer any case, appeal, or related proceedings from one High Court or civil court to another court in a different state. The Supreme Court can exercise this transfer power when it determines that such an order would serve the interests of justice effectively.
Provision Of Transfer Of Petition Under CrPC
For criminal matters, Section 406 of the Code of Criminal Procedure grants the Supreme Court authority over case and appeal transfers. The court can order the transfer of specific cases or appeals between High Courts, or from a Criminal Court under one High Court’s jurisdiction to another Criminal Court of equivalent or higher standing under a different High Court’s jurisdiction. Under Section 406, the Supreme Court can only act upon applications submitted by either the Attorney-General of India or an involved party. Such applications must be presented through a motion, except when filed by the Attorney-General of India or a State’s Advocate-General.
Section 407 empowers the High Court to handle case and appeal transfers. An order under this section becomes necessary when required by any Code provision, when it benefits the general convenience of parties or witnesses, or when it serves the interests of justice.
Under Section 408 of the CrPC, Session Judges are authorized to transfer cases and appeals. When a Session Judge determines that an order would serve the interests of justice, they may direct the transfer of any particular case between Criminal Courts within their session division.
Judgements On Transfer Of Petition
Jaishree Banerjee (Smt) vs Abhirup Banerjee on 6 January, 1997
In the above mentioned case The petitioner seeks transfer of that case from Delhi to a court of competent jurisdiction at Varanasi where the petitioner is staying with a child of the marriage, aged about two and a half years on various grounds detailed in the petition. That the child of the marriage is with the petitioner and cannot be left at Varanasi if the petitioner has to travel to attend to the matrimonial case, is not in dispute. Hence on the same ground the transfer petition was allowed by the Supreme Court
M/S Indian Charge Chrome Ltd. & Anr vs Union Of India & Ors on 11 December, 2006
In the above mentioned matter the proposal of the State Government to grant a lease to OMC was also challenged by I.C.C.L. before the Orissa High Court in Writ Petition 2005 and that is sought to be got transferred to this Court by way of Transfer Petition. Similarly, M/s Ferro Alloys Corporation Limited also challenged the recommendation of the State Government for grant of lease to OMC by filing Writ Petition in the High Court of Orissa and the same is sought to be got transferred by the way of Transfer Petition (Civil) No. Nava Bharat, in its turn, challenged the proposal to grant a lease to the OMC, in Writ Petition (Civil) in the High Court of Orissa and the same is sought to be got transferred by way of Transfer Petition
Gayatri Mohapatra v. Ashit Kumar Panda (2003)
In the above mentioned case Supreme Court having found that the wife being a Director in a Company run by her mother traveled from place to place and could not be permitted to state that she was incapable of travel as a ground to seek transfer of the husband’s case but Supreme Court accepted the husband’s offer to bear the expenses for the travel, boarding and lodging of the wife and dismissed her transfer petition on the ground that she had no source of income to travel.
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