Procedure for demanding transfer of case from one state ....

you have to file transfer petition in supreme court giving all the points, why and on what basis you want to transfer to onother state... the opoosite site wil oppose your application.

Thanks!!!!!!!!!Rahul

Dear Prakash

25. Power of Supreme Court to transfer suits, etc.

¹[25. Power of Supreme Court to transfer suits, etc.

(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.]

COMMENTS

(i) In transfer of suits, appeals or other proceedings paramount consideration is that justice according to law is done; Dr. Subramaniam Swamy v. Ramakrishna Hegde, AIR 1990 SC 113.

(ii) No case can be transferred to another court unless first Court is biased or some reasonable grounds exist; Gujarat Electricity Board v. Atmaram Sungomal Poshani, (1989) SCJ 180

Thanks Nadeem!!!!!!!!!!!!for response in details.

Dear Querist,

Transfer Petition may be filed in the Supreme Court under Section 25 of the Code of Civil Procedure (CPC) read with Order XXXVI of the Supreme Court Rules, 1966 seeking for transfer of a Suit from a Court in one State to another Court of competent jurisdiction in other State.

Hi All,

Use Article 226(2) to transfer case from one state to another state if the jurisdictions of the case is in dispute..... refer citation:

The decision of the Hon’ble Apex Court in the case of Navinchandra N Majithia Vs. State of Maharashtra & Ors., as reported in (2000) 7 SCC, 640.