Written by: Advocate Kirti Sharma & Runjhun Sharma
Transfer Petition – Procedure, How to file? | How to Transfer Case? | Lawyer for Transfer Petition
As per the laws in India, the parties of the suit/ appeal may have right to file the petition through their lawyer to transfer the suit from one state to another state. The transfer petition is allowed only on the discretion of the court, if the Court deem fit that transfer is necessary for the purpose of interest of Justice. There are provisions given under CPC, in which court has power to entertain the petition.
Transfer of Petition refers to transferring the case from one city to another or from one state to another. When the case has to be transferred within the state then the Transfer Petition is filed before the High Court. If the case has to be transferred from one state to another then the Transfer Petition should be filed before the Supreme Court as in such case the Supreme Court has the power to transfer the case from one state to another state.
Transfer Provision under CPC
Section 22 of CPC confers power on the defendant to apply for the transfer of petition under the conditions mentioned therein and section 23 of the Code of Civil Procedure dictates where the application for transfer of suit be made.
In Mst. Basanti Devi v. Mst. Sahodra, a case in which Section 22 of the CPC, was construed, it has been laid down that in an application for transfer under Section 22 of the CPC the convenience of the parties alone should not be considered, but the totality of circumstances should indicate that a suit should proceed in a Court different from the Court chosen by the plaintiff. Also, mere convenience of the party is not enough for transfer of a case from one Court to another.
Section 25 of CPC. It states that the Supreme Court can transfer the petition from a High Court or other Civil Court in one State to a High Court or other civil court in any other State. This can be done on an application by a party and after the Supreme Court has heard both the parties, the court can transfer the petition to make it convenient in achieving justice for the party if the court deems it fit. There are various judgements in which the court allowed the transfer of the suit in the interest of the justice between the parties.
In the case of Priti Sharma v. Manjeet Sharma (2005), it was held that a wife cannot merely give a reason of threat to her for the transfer petition, she has to give proper proof for the same. In the case of a wife seeking transfer because she was unemployed and unable to commute, the Court stated unequivocally that “merely because the petitioner is a lady does not mean she cannot travel,” and the transfer petition was dismissed.
Transfer Provision under CrPC.
The provisions related to the transfer of cases are given under Chapter XXXI, from Section 406 to 411 of the Criminal Procedure Code, 1973.
Section 406 in the Code Of Criminal Procedure, 1973 deals with the power given to the Supreme Court to transfer the cases/petitions and appeals pending in 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 so that the justice is being achieved for the party.
That the parties having citizenship of India which is guaranteed under Indian Constitution irrespective whatever is mentioned in the CPC and CRPC. There are few provisions mentioned in the Indian Constitution which provide for direct transfer of a case from one court to another so as to do complete justice for the citizen and uphold the citizen’s right to justice as given under Article 21 of the Indian Constitution. Article 32, Article 136, Article 142, Article 139A. Article 139A enabled the litigants to approach the Apex Court for transfer of proceedings if the conditions envisaged in that Article were satisfied.
Few other cases, where the Supreme Court ordered the transfer of cases can be stated below:
(i) In cases, where all essential attributes of a fair and impartial trial are put in jeopardy
(ii) Where the petitioner was poor and the complainant was the only witness to be examined
(iii) Where there was every likelihood of physical harm being caused to the petitioner and
(iv) Transfer of investigation from one Police Station to another is not contemplated under Sec 406 Cr.Pc.
Transfer Petition Landmark Cases
Gayatri Mohapatra v. Ashit Kumar Panda (2003)11SCC73
In this case, the Hon’ble Supreme Court having found that the wife being a Director in a Company run by her mother travelled from place to place and could not be allowed to state that she was incapable of travel as a ground to seek transfer of the husband’s case but Supreme Court had accepted the offer given by the Husband i.e. bear the expenses of the travel, boarding and lodging of the wife and hence, the court dismissed the transfer petition of the wife.
Jaishree Banerjee (Smt) vs Abhirup Banerjee on 6 January, 1997
In this case the petitioner seeks transfer of a case filed by the respondent who is her husband in Tis Hazari Courts, 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.
Circumstances under which transfer can be sought:
- For the convenience of parties: A transfer can be sought if the parties to the case find it inconvenient to attend the court proceedings in the court where the case was originally filed.
- For the interest of justice: A transfer can be sought if the party believes that the case is unlikely to be decided fairly in the court where the case was originally filed.
- To avoid conflicting judgments: A transfer can be sought if there is a likelihood of conflicting judgments being delivered in cases that involve similar issues and facts.
- To expedite the legal process: A transfer can be sought to expedite the legal process and to ensure that justice is delivered in a timely manner.
The application for transfer has to be supported by an affidavit that explains the reasons for seeking the transfer. The court may also direct the parties to appear before it to explain the reasons for seeking the transfer.
The transfer of cases is an important legal remedy that can be used to ensure that justice is delivered in a fair and timely manner. The circumstances under which a transfer can be sought are varied and the procedure for seeking a transfer depends on the provisions under which the transfer is sought. It is important to seek the guidance of a competent lawyer to ensure that the transfer is sought and obtained in a timely and effective manner.
How to find the Best Lawyer for filing Transfer Petition for you?
If you are looking for the Best Lawyer for filling transfer petition or any other suit/case, important factor to consider is the lawyer’s experience while dealing with Transfer Petition Cases. Some of the best lawyer(s) may have worked on more complex cases than others, which could lead to better results. Additionally, review their online reviews to see if anyone has had negative experiences with them. The Best Lawyer(s) in India will be well versed with Transfer cases and would be aware about the Procedure and where to file.
Century Law Firm is one of the most trusted and reliable law firms in India for transfer petitions. The team of lawyers at Century Law Firm has extensive experience in handling transfer petitions, which can be a complex and time-consuming process. The lawyers are well-versed with the rules and procedures involved in filing a transfer petition and have an in-depth understanding of the laws related to jurisdiction.
The lawyers at Century Law Firm strive to provide the best legal advice and representation to their clients, ensuring that they receive the justice they deserve. They understand that transferring a case from one court to another can be a challenging task, but with their expertise, they make the process easy and hassle-free for their clients. The team at Century Law Firm is dedicated to helping their clients achieve the desired outcome, and they leave no stone unturned in ensuring that their clients’ interests are protected.
Century Law Firm has a team of experienced and skilled lawyers who specialize in various areas of law. They provide personalized attention to their clients and are always available to answer any questions or concerns they may have. They work tirelessly to provide the best possible outcome for their clients and leave no room for error or negligence. The lawyers at Century Law Firm take pride in their work and are committed to delivering the best possible results to their clients. If you need to file a transfer petition, look no further than Century Law Firm.
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