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Jamai Of Law (propra)     07 September 2010

How to Transfer the case from courtroom-X to other courtroom

How to Transfer the case from courtroom-X to other courtroom???

My case is pending in courtroom-X. Courtroom-X is vacant since last 10 months. Judge has been transferred and there is not new appointment  in last 10 months.

There must be thousands of cases in the courtroom-x which are pending.

Add-on charge of courtroom-X is given to another court which deals with only urgent cases such as maint , custody applications in courtroom-X.

There is pile up of many interim applications filed by both sides in the last 10 months and replies to that accordingly.  But my case is not moving ahead and only adjournments are happening.

1. Should I file a new petition as TP (transfer Petition) ? OR Should I file a simple application to add-on charge court having additional charge of courtomm-X?  OR Should I file a simple application to Main Principle Court? .....

My Request would be: Please transfer the whole case from courtroom-X to another courtroom  in the same jurisdiction so that regular hearing resumes....

 

2 .First of all, am i allowed to ask such thing?

3. What merits does it require so that such applications are entertained?

 

Please suggest a proper way to tackle this situation.

4. If any court gets vacant, why the pending cases in that court aren't automatically re-allocated to other courts in the same jurisdiction?

Please reply and give suggestions....

Thanks



Learning

 7 Replies

Sameer Sharma (Advocate)     07 September 2010

Transfer and Withdrawal of Suits and Appeals


 

1. Transfer of part-heard cases—Section 24 of the Code of Civil Procedure provides for the transfer of suits, appeals or other proceedings pending in subordinate Courts. Although this power of transfer may be exercised at any stage of a suit, appeal or other proceedings, no part-heard case should be transferred from one Court to another, if this can possibly be avoided.

2. Courts requesting for transfer should record reasons—In submitting applications to superior authority for the transfer or withdrawal of cases under Section 24 of the Code of Civil Procedure, Civil Courts should always record a short statement of the case, with their reasons for making the application.

3. Transfer of a case in which the Judge is personally interested or in which the order appealed against was passed by him—Whenever a suit or appeal comes before a Judge in which he is personally interested, or in which the order appealed against was passed by himself a report should at once be made to the Superior Court concerned with a view to the case being transferred to another Court.

4. Parties should be informed of the date for appearance before District Judge when at Court requests for transfer. District Judge to inform parties the date for appearance before the Court to which he transfer the case—If a subordinate Court sends a case to the District Judge with an application for its transfer, on the ground that it is beyond his jurisdiction or on similar grounds it should give the parties the date for appearance before the District Judge. The District Judge will either hear the matter on that day, or when this is not possible, give another date. If orders for transfer are passed, the parties present should be informed of the Court to which the case has been transferred and a date should be fixed by the District Judge, for their next appearance in new Court.

5. On transfer of a case to another Court parties to be informed of date for appearance before the Court—If an application is made by one of the parties for a transfer and orders of transfer are passed after notice to the other side, the parties present should similarly be informed by the District Judge of the Court to which the case has been sent and the date on which they should appear before it.

6. Records to be sent immediately to the Court to which case is transferred—When is a case is transferred by administrative order from one Court to another, the Presiding Officer to the Court from which it has been transferred shall be responsible for informing the parties regarding the trasfer, and of the date on which they should appear before the Court to which the case has been transferred. The District Judge passing the order of transfer shall see that the records are sent to the Court concerned and parties informed of the date fixed with the least possible delay. When a case is transferred by judicial order the Court passing the order should fix a date on which the parties should attend the Court to which the case is transferred.

7. Withdrawal of a suit by plaintiff—A plaintiff is at liberty to withdraw from a suit at any time (subject to any order as to costs that the Court may pass), but if he wishes to reserve his right to sue again, he must obtain permission of the Court under Order XXIII, Rule I, Civil Procedure Code. Permission can only be granted on the grounds specified in the rule. The words “other sufficient grounds” have been interpreted to mean grounds of the same nature as the grounds specified in clause (a) of sub-rule 2 of Rule 1 of the Order. The mere fact that plaintiff has not been able to produce adequate evidence to establish his case is no justification for granting permission under this rule.

8. District Judge may transfer a case to Additional District Judge—A District Judge may with due regard to convenience, transfer a case under Section 24, Civil Procedure Code to an Officer in another district when that officer is acting as an ex-officio Additional District Judge of the district from which the case is to be transferred. In such case no reference to High Court is necessary except when any difficulty is experienced in making transfers.

9. District Judge can transfer or withdraw an appeal without reference to High Court—The District Judge can, without reference to the High Court transfer or withdraw any appeal pending in the Court of the Additional or ex-officio District Judge.

But he cannot exercise jurisdiction in such manner as to set aside the orders of the High Court. Thus an appeal once transferred under the orders of the High Court cannot be retransferred without further orders from the High Court.

10. Separate record of transfer applications—Applications for transfer of civil cases and the proceedings therein should form files separate from the record of the main case sought to be transferred and the records of such transfer applications should be separately consigned to the Record Room. The original order on transfer application should be kept on the record of the transfer proceedings and a copy of this order should be sent to the Court concerned.

11. Transfer of cases on administrative grounds—Cases transferred by a Court of its own motion or on administrative grounds should not be entered in any register and it is unnecessary to keep any statement of cases so transferred. It is not necessary in such cases to make any separate record of the transfer proceedings and the original order of transfer instead of a copy, may be sent to the Court concerned.

Sameer Sharma (Advocate)     07 September 2010

Ram Sewak Son Of Gulzari Lal vs State Of U.P. And Shri Sripal Sharma, Reader

"From the perusal of the documents filed as Annexures with the application Under Section 482 Cr.P.C. shows that an application was moved by Ram Sewak applicant in the court of CJM Shahjahanpur for transfer of Crl. Case No. 2178 of 2004 from the Court of Civil Judge /(JD) Tilhar to some other competent court. It has also been alleged in the application that the court of Civil Judge(JD)Tilhar is lying vacant for the last several months and one cross case S.T. No. 803 of 2004 State v. Ram Sewak and Ors. 147,148,149,352,504 and 506 IPC P.S. Khudaganj District Shajahanpur is pending in the court of I Addl. Sessions Judge. As it was a fact that the court of Civil Judge(JD) Tilhar was lying vacant and CJM transferred the case to the court of ACJM III Shahjahanpur vide order dated 3.5.2006. "

1 Like

(Guest)

jamai saab court ke maje dekho aage aage, buy good pair of shoes. even shoes will give up but may be ur grandson will get the judgement. tats pathetic condition of family courts, only date giving machinery.

1 Like

(Guest)

1. Writ before HC is one option


2. If criminal case you are talking here then S. 482 CrPC to quash the complaint on abuse of process of Court is another option wherein like above citator ref. you may get expeditious relief.


3. Complain to the concerned DJ is another set of option stating  "I am prejudiced before concerned Court" is one of the level playing charges.


In all above exercise what I want to highlight is that "only a crying baby gets milk from her mother" take it in any way you can, but, one should always bear in mind how and when and why a case 'should' or 'should not' move a inch principals in place and thus act accordingly, and to all issues a litigants brings to concerned Court I say they all have solutions is what I have felt till date in my appearances before various Courts, now it depends how practical are my limited but doable 'gyan' to readers..........

pratik (self working)     03 April 2011

Good Evening Sirji

 

Thanks A Million (SIRJI)

 

Sir as per your respected answe i would lke to arise a point that

 

 

(9. District Judge can transfer or withdraw an appeal without reference to High Court—The District Judge can, without reference to the High Court transfer or withdraw any appeal pending in the Court of the Additional or ex-officio District Judge.

But he cannot exercise jurisdiction in such manner as to set aside the orders of the High Court. Thus an appeal once transferred under the orders of the High Court cannot be retransferred without further orders from the High Court.)

 

so (an appeal once transferred under the orders of the High Court cannot be retransferred without further orders from the High Court.) if the District judge wants to trf the case to additional judge or any junior court than first he has to take the permission form the High Court & if the HC permits than he can trf. But does the DJ (district judge has the powers to retrf the case to the lower court which the HC has trf to him to take the necessary steps ? can he retrf to another court sub - ordinate to him to do the necessary actions ?)

thanks.

 

Rajesh Poddar (CEO)     12 July 2011

May I know the Act & provisions thereof where all of this can be found? Enquiring because the issue has come up in one of my cases.

Nitish Banka (lawyer)     25 March 2018

Posted by: nitish788  Categories: Uncategorized 
 

 

Transfer Petition in Supreme Court of India-All about

Transfer petition in supreme court is entertained Under Section 25 of the Code of Civil Procedure the Hon’ble Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State.

This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it  feels that the ends of justice so require.

Divorce Transfer Petition in Supreme Court

Generally in supreme court divorce transfer petition in supreme court are filed. Is filed by wife when husband files the petition in matrimonial home and wife is residing at parental home at some other state

Transfer Petition in Supreme Court

Rather as a matter of fact the Husband cannot be always made to suffer and there are judgments passed by the SC wherein he can counter the allegations made by the wife and protect himself from being further harassed. Defense of these could be described as follows:

  1. If the wife claims to have a minor child then grandparents can be asked to look after the child and merely on this ground the petition should not be transferred (Anandita Das v. Sirjit Dey (2006))

 

  1. If the wife claims a far distance then effort to prevent a transfer the husband can make an offer to bear IInd class AC tickets for the woman to travel and her stay expenses. This is normally considered by the court.

 

  1. If the wife claims a threat to her life and she cannot commute strong proof is required to be shown and merely by stating fear to her life the court will not be inclined to transfer the same as held by Hon’ble Supreme Court in Priti Sharma v. Manjeet Sharma –  (2005)– the court, in the case of a wife seeking transfer on the grounds of being unemployed and unable commute, categorically held “merely because petitioner is a lady does not mean she cannot travel” and the transfer petition was dismissed.

 

 

  1. Men who have kids custody with them can rely onJaishree Banarjee v. Abhirup Banarjee (1997) 11 SCC 107 to get proceedings transferred in their favour.

Transfer Petition Format

1.A short synopsis

A short and simple synopsis outlining the grounds you wish seek before the Hon’ble supreme court is a must, your synopsis must be crisp and to the point and relates to only facts which forms the ground for seeking the transfer.

2. Details of the case

Specify the complete details of the case you wish to get it transfer from one court to another also specify the court in which you wish to seek the transfer of the case.

3. Grounds

Specify the grounds on which you may be seeking the transfer of case the grounds are mentioned below.

a) prejudice in that jurisdiction

that husband family is very influential and will hamper fair proceedings.

b)Threat to life

Again being influential is a good ground for having a threat to life.

c) being a single women without any support.

if there is no support from father side then that is also a good ground for seeking transfer.

d) medical history

medical proof should be attached in case of medical ailment.

e) old and ailing parents.

f) No source of income

if wife is not working its a good ground.

g) Simultaneous jurisdiction.

4. Interim Relief

You must also pray for interim relief of stay of proceedings of the case you wish to seek transfer.

Criminal Transfer Petition in Supreme court

Section 406 of the Code of Criminal Procedure gives power to the Supreme Court to transfer criminal cases 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. The Supreme Court can act under the section only on the application of the Attorney General or of a party interested. Where an application under Section 406 Of The Code of Criminal Procedure is dismissed, 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 the respondent such sum not exceeding Rs 1000.

 

Recent Judgments

These days Hon’ble Supreme court is not lenient in allowing transfer petition in supreme court in favor of wife and is mostly dismissing these kind of petition and citing Krishna Veni Nagam vs Harish Nigam

In the aforesaid judgement the supreme court relying on Para-17 and 18 as mentioned below.

 

17. We are thus of the view that it is necessary to issue certain directions which may provide alternative to seeking transfer of proceedings on account of inability of a party to contest proceedings at a place away from their ordinary residence on the ground that if proceedings are not transferred it will result in denial of justice.

18. We, therefore, direct that in matrimonial or custody matters or in proceedings between parties to a marriage or arising out of disputes between parties to a marriage, wherever the defendants/respondents are located outside the jurisdiction of the court, the court where proceedings are instituted, may examine whether it is in the interest of justice to incorporate any safeguards for ensuring that summoning of defendant/respondent does not result in denial of justice. Order incorporating such safeguards may be sent along with the summons. The safeguards can be:-

i) Availability of video conferencing facility.

ii) Availability of legal aid service.

iii) Deposit of cost for travel, lodging and boarding in terms of Order XXV CPC.

iv) E-mail address/phone number, if any, at which litigant from out station may communicate.

Therefore the aforementioned guidelines were issued to all the High courts to make arrangements for video conferencing instead of transferring the petition, therefore dismissing all the transfer petition filed in the Hon’ble Supreme Court.

 

For husband the judgement of  Krishna Veni Nagam vs Harish Nigam is a valid defense for husbands  for defending transfer petition supreme court.

However this Judgement is referred to higher bench still there is hope for wife. However

There can be other grounds as well like-:

a. Manipulation of court records.

b. Attack on wife.

c. Petition filed to harass wife

d. Petition filed without jurisdiction by reading petition only.

 

December 14, 2017Similar post

July 12, 2016In "transfer petition draft"

February 1, 2018Similar post

 

 
 

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