Why do some cases get moved to the Supreme Court? This guide provides the answers you’ve been looking for.

Supreme Court Transfer Case Refers To The Transfer Of A Case By The Hon’ble Supreme Court From A Court In India To Some Other Court Which Has Equal Powers And  Jurisdiction. Explained Under The Indian Legal System, The Supreme Court Of India Is Conferred With Powers Of Transferring A Civil Or A Criminal Case Even From The High Court Of One State To Another State High Court Or To Transfer A Case From A Court Subordinate To Another State High Court.

 In Order To Transfer The Cases, After The Supreme Court Is Convinced That Such Cases Involve  Substantially Similar Questions Of Law Pending Before It Or With One Or More High Courts And That Such Questions Are Of General Importance, The Supreme Court Has The Authority To Withdraw The Case Or Cases Pending Before Respective High Court Or High Courts, And Disposing All Such Cases Itself. 

Steps To Be Followed When Applying For Supreme Court Transfer Case:

• Transfer Petitions Could Be Filed In The Supreme Court From One State To Another State.

• The Court Would Then Scrutinise The Petition As Well As Grounds For The Petition.

• A Notice Would Be Issued To The Other Party Before Transferring The Case.

• Opposite Party Would Have The Choice Of Contesting The Matter Before The Court.

• The Matter Would Be Posted For Final Hearing.

• The Court Would Finally Pass The Order Of Either Transferring The Case Or Rejecting The Transfer Petition.

Grounds On Which Supreme Court Transfer Case Could Be Allowed- 

• The Transfer Could Be Sought, If It Is Believed That The Opposite Party Is Very Influential And Could Hamper Fair Proceedings Or Fair Trial In The Court Of Original Jurisdiction.

• There Is A Threat To Life During The Proceedings Of The Case.

• Travelling Time As Well As The Expenses Could Also Be A Ground For The Supreme Court Transfer Case.

• Another Reason For Transferring Court Could Be That The Court Lacks Territorial Jurisdiction.

• Another Reason For Transferring The Case Could Be That The Cause Of Action Of The Dispute Arose Is Beyond Jurisdiction Of The Present Court

• Numerous Other Grounds For Transferring The Case Could Be Travelling, Safety, Security, Economic Viability, Etc Are Sought On The Basis Of The Facts And Circumstances Of The Case.

  
  

Provisions Related To The Transfer Of Case By The Supreme Court-

• Separate Provisions For Civil As Well As Criminal Cases Are Provided Under The Code Of Civil Procedure And Code Of Criminal Procedure Related To The Transfer Of Cases By The Supreme Court.

• The Supreme Court Also Has The Right To Exercise Its Original Powers Provided Under  The Article 139 A Of The Constitution Of India Or Provided Under Article 32 Of The Constitution Of India.

• It Could Be Understood From The Above Discussion That The Supreme Court Of India Has Absolute And Wide Powers. There May Be A Number Of Reasons As To Why A Case Has To Be Transferred, Some Of Which Have Been Discussed Below-

Transfer Of Civil Cases-

• The Power Of The Supreme Court To Transfer A Civil Case From One State To Another State To An Equal And Competent Court Has Been Provided Under Section 25 Of Code Of Civil Procedure As Original Powers Of The Supreme Court. All Kinds Of Civil Cases Which Include The Original Suit, Appeal Etc Could Be Ordered To Be Transferred From The Court Of One State To Another Court Of Another State By The Supreme Court Of India. The Supreme Court Will Have Absolute Power To Transfer Any Civil Case From One State’s Court To The Court Of Another State So As To Ensure The Ends Of Justice Or In The Interest Of Justice.

Transfer Of Criminal Cases-

The Power Of The Supreme Court To Transfer A Criminal Case From One State To Another State Has Been Provided Under Section 406 Of Code Of Criminal Procedure, 1973, Which Has Been Explained Hereunder:

Power Of The Supreme Court To Transfer Cases And Appeals- 

• Whenever It Is Proved In The Supreme Court That An Order Under The Sections Mentioned Above Is Necessary For The Ends Of Justice, The Court May Order That Such Case Or Appeal Be Transferred From A High Court To Another One Or From A Criminal Court Under The High Court Of One State To Criminal Court Of Equal Or Superior Jurisdiction Of Another High Court.

• The Above Mentioned Provision Would Be Applicable Only On The Application Of The Attorney-General Of India Or Of The Party Interested, 

• In Case The Supreme Court Is Of The Opinion That Such Application Was Frivolous Or Vexatious, It May Order The Applicant To Pay A Compensation, As The Court Believes To Be Appropriate According To The Case, Not Exceeding An Amount Of Rs.1,000, To The Defendant Of Such Application.

Conclusion

It Could Be, Thus Deduced, That The Provisions Related To The Transfer Of The Case By The Supreme Court Are Very Clear And Original And Numerous Cases Have Been Transferred By The Supreme Court As Per The Provisions Mentioned Above. The Cases For Transfer Filed In The Supreme Court Could Be A Transfer Petition Civil Or Criminal, On The Basis Of The Nature Of The Case.

Lead India Offers You A Team Of Dedicated Advocates Who Have Years Long Experience In Dealing With Cases In The Supreme Court Successfully. Thus, If You Wish To Talk To A Lawyer Or Seek Free Legal Advice Online, You May Contact Us.

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