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legal_seeking_justice (TA)     09 January 2011

Supreme court - transfer petition sample ?

Hi,


Can anyone please share a copy of transfer petition that can be filed in Supreme court for transfer of civil cases.

I am unable to find the format on the internet or on the group and I will be grateful if someone can share a copy with me.

Best Regards.


Learning

 7 Replies

Amit Gupta (Advocate)     10 January 2011

it is quite difficult as in the Apex court a compilation is filed and so many other application are also filed with transfer petetion...

further u might need a SLP in transsfer matter....because original transfer application is filed where u want to transfer a matter from one high court to anather high court....

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     11 January 2011

Dear Querist,

 

There is no specific format being followed in SC for transfer petition. however, you may need to agitate grounds of transfer of case from a court in State to a Court of another State. That should be very convincing reasons for seeking such transfer.

 

Rabin Majumder

AoR

For Nu.Delhi.Law.Fora

91, Sh AK Sen Chambers Block

Supreme Court of India.

New Delhi.

 

mdxyz12@gmail.com (mdxyz12@gmail.com)     02 May 2011

Hi,

Can poor health of the accused be the ground for transfer of case? 

My father, victim of 498a misuse, is a heart patient and 40% handicapped. 

 

Kindly suggest, as I am considering a transfer petition in the SC.

Thanks

 MD.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 May 2011

Dear Querist,

Poor health of the accused seeking transfer of a case is certainly a
valid and cogent ground particuarly when your father who is a victim
of 498A misuse, is a heart patient and handicapped @ 40%.

Therefore, you consider filing a Transfer Petition in the SC.

Please feel free contact if you feel its necessary. You may also note
that the Hon'ble Supreme Court is on motion upto May 13, 2011. After
that there will be a summer vacation until July 3, 2011. Hence, you
have 10 days time before vacation at SC.

Trust this would suffice.


Rabin Majumder
Advocate-on-Record
Supreme Court of India

At:
No. 91, Sh. AK Sen Chambers Block-'C'
Supreme Court compound
New Delhi-110001
 

mdxyz12@gmail.com (mdxyz12@gmail.com)     02 May 2011

 

Dear Rabin Majumder,

Many thanks for your reply. Do we have any prior citations from the Honorable Supreme Court of India where the case has been transferred on medical grounds. Generally, the law is seen to favor the women. 

And are there any citations where the case was not transferred when the application was made on medical grounds?

Also, if you could kindly share your contact number to discuss it further.  

Thanks and regards

MD.

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India)     02 May 2011

Dear Querist,

 

As in any other instance, your case shall also depend on facts compelling the Hon'ble Supreme Court to consider favourably. You will have to develop good grounds for the same. You may be right in your perception that in general circumstances, the situation is seen to favor the women. But this law is not static and mathemetical. Citations in the present circumstances may give you some broadline as to transfer on medical grounds.

 

Trust this would suffice.

 

Rabin Majumder

AoR

Supreme Court of India 

# 9899259811, 9013307807

yogesh (will tell you later)     26 January 2013

If the wife has file the case at her place of residence then again trail court has no jurisiction to conduct the trail as per crpc 177,178 and 179 of CrPC, Its better to raise the objection at earliest stage and get it quashed by filing criminal Micallneous petition under 482 Crpc..as trail court cannot run the trial merely on the basis of the residence of the complainant..However police do has the power to conduct the investigation


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