Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sunil Patil (Engg)     11 June 2014

Transfer application to sc, should it be informed

Is it mandatory that when a person approaches the SC for a transfer of the existing case from Court A to Court B, that he should inform the Court A where the case is running that he has filed a application in SC and sought a Tranfser?

Kindly reply

Thanks.



Learning

 7 Replies

Gautam Kapoor (IT professional Studying Law)     11 June 2014

the transfer orders will suffice. You lawyer  should present the transfer orders to the respected court.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

btw, can you let us know how you got the transfer orders ... I construe you as a male given your name.. so asking in the benefit of the larger audience,

Laxmi Kant Joshi (Advocate )     11 June 2014

Yes , it is mandatory to inform the concern court where case is running regarding your transfer petition which is pending before the sc .

Sunil Patil (Engg)     11 June 2014

Actually my wife sprung the suprize on me, and continued to adjurnmen the proceeding on some filmsy ground for 3 hearings and then dropped the transfer order in my lap.

So wanted to know if there are any provisions in law by which it is neccessary that the lower court should be informed that a trasfer is being sought and a application has been filed in SC.

If anyone can give the CPC or any reference to code details it would be extremely helpful.

Thanks.

Gautam Kapoor (IT professional Studying Law)     11 June 2014

still unclear .. who sought for transfer orders....

Wife springing umpteen surprises and trying to adjourn proceedings on filmsy grounds is a common phenomenon.

you could be threatnening her, no male companion, father's heart attack (when he has no heart),bad health , all of a sudden malaria in the scorching summer, flu , viral fever, dengue are all grounds for adjournment .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 June 2014

Section 25 of the Code of Civil Procedure, 1908 allows the Supreme Court to transfer a matter from one state to another if justice so demands. High Court is entrusted with the power in case of transfer within the state.

 

Section 25 is based on the ‘doctrine of forum convenience’ which means –‘the best forum’ or a forum where a fair trial can be had’. Normally there is a presumption that if a petitioner has filed a case in a court having jurisdiction – it is the best forum. The burden is on the person seeking a transfer to prove to the court that if the proceedings are not transferred she would suffer irreparable injustice, on the merits of the case (going unrepresented in the case) and with respect to personal life (loss of job/health/safety issues), she would also have to prove that the latter is irreparable in monetary terms. Once all this is proved – she also would have to prove that you won’t suffer similar losses if the proceedings are transferred. Hence this is adouble burden of proof.  If she succeeds in proving this – the balance of convenienceis said to lie in her favour.

 

Sadly courts have not been strictly insisting on the above reasonable tests, and transferring matters as a matter of course at the behest of women.   

Gautam Kapoor (IT professional Studying Law)     11 June 2014

Ramchary Garu has put his nicely. Pls pay heed to his last para.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register