Convenience of the parties to the case is a prominent matter to be taken in view in litigation. Our Indian legal system provides the provisions under the law for transfer of case from one court to another. In simplest terms, transfer petition is filed before the court of law when one of the parties to the case wants to transfer his/her case from one court to another court for the purpose of convenience. It is the discretion of the court to approve or disapprove such request of the party.
What can be a ground for transfer?
There are some grounds on the basis of which a person desirous so can file transfer petition before the court. These grounds are enumerated below:-
- Apprehension of prejudice: – If party to the case apprehends that opposite party may hamper with the proceedings by using its dominant power in such specific jurisdiction then this can be valid ground for filing a transfer petition.
- Threat to life: – Threat to life is also a good reason for transfer of the case. There might be a risk to the life of the party contesting a case. Under these worse circumstances such party can file for transfer of the case.
- Lack of support: – If the party doesn’t have any support or convenience in the original jurisdiction of the case then he/she can apply for transfer.
- Medical issues: – If party cannot travel due to some medical reason then he/she can file such petition along with the proof of medical issue.
- Family problem: – Family problems such aged or ailing parents, minor kids and loss of their studies can be considered while entertaining the transfer petition.
- Financial reasons: – If the party has financial issues such as he/she has low income or no income for travelling etc. then this could be a valid reason for transferring case to the court according to convenience.
What are the legal provisions?
The provisions related to transfer of case from one court to another are enshrined under various enactments. These are explained below:-
Under Code of Civil Procedure (CPC):- Under Section 25 of CPC the Hon’ble Supreme Court is empowered to transfer civil matters. The Apex Court can transfer any civil case, appeal from High Court or other civil court in one state to another state. This power can exercised if the court is satisfied that transfer is necessary to secure the ends of justice. According to Section 22 of the Code, Civil Court can transfer the suit from one court to another court on application made by the defendant. Section 24 of the Code empowered the High Court or District Court to transfer the cases on application made by the parties.
Under Code of Criminal Procedure (Cr.P.C.):- Section 406 of Cr.P.C. grant power to the Hon’ble Supreme Court to transfer criminal case or appeal from one High Court to another High Court or from Criminal Court under one High Court to another Criminal Court under another High Court. The Apex Court can use this power on application made by Attorney-General of India or a party so intended.
The power of High Court to transfer the cases and appeals are provided under Section 407 of Code for convenience of the parties and in the interest of justice. Session Judge is also empowered to transfer cases and appeals from one Criminal Court to another Criminal Court in his/her session division under Section 408 of the Code.
The law is made for betterment of the people. It is the duty of the state to ensure justice to all its citizens equally. For the sake of providing justice our lawmakers enacted the provisions to transfer the cases on requirement. Justice is predominant and if justice demands the transfer of case then court should not hesitate while doing so. At the same time these powers must be used cautiously to avoid the miscarriage of justice.
Associate at Aggarwals & Associates, S.A.S. Nagar, Mohali