Transfer of Cases:

 About

• Every litigant has the right to request that their case be transferred to a different court than the one from which it was initially started, according to the formal procedures of the process specified by the codes of criminal and civil procedure. 

• The process by which the Indian judiciary is endowed with the authority to transfer a case from one court to another in order to achieve the goals of justice is known as the transfer of a case. Courts may use this authority on their own initiative or in response to a proper application by the parties to a case outlining the pertinent circumstances for the use of this discretionary power.

Power of Transferring Cases: Civil Courts

• A succinct legislative tool for determining the lawsuit element and the trial strategy is the Civil Procedure Code of 1908. Every case must be filed in the lower court that has the authority to hear the subject, according to Section 15 of the Civil Procedure Code (CPC). By doing this, absurdity about the jurisdiction of claim maintenance and claim filing location is avoided.

• Suits that may be filed in multiple courts may be transferred, according to Section 22 of the CPC. As implied in Section 22, in some circumstances, have joint jurisdiction, making them eligible for filing in multiple courts. Accordingly, in accordance with Section 22, if a suit that is eligible to be instituted in any of two or more courts is actually instituted in one of those courts, the defendant has the right to file an application with that court asking for the case to be transferred to another court where the suit could have been lawfully instituted.

• Section 22 of the CPC is supplemented by Section 23 of the CPC, which designates the court to which an application under the virtue of Section 22 seeking the transfer of a civil lawsuit belongs.

Power of Transferring Cases: Criminal Courts

Although the Supreme Court is the appellate body in criminal appeals, there are certain extraordinary circumstances in which an appeal may be preferred to the Supreme Court. According to the Code of Criminal Procedure, the High Court is the original court of criminal appeal. When it comes to all of its subordinate courts' administrative duties, the Supreme Court has the most power.

• Section 406of the Criminal Procedure Code (CrPC) deals with the Supreme Court's jurisdiction to transfer appeals and criminal cases. This provision states that the attorney general of India or a party with an interest in the case must make an application for the Supreme Court to act upon, rather than the court having the authority to order the transfer of a criminal matter on its own. In order to fulfil the goals of justice, an applicant before the Supreme Court pursuant to this provision must persuade the court that an order of transferring under section 406 is necessary.

• Section 407of the CrPC delineates the authority of the High Court to transfer an appeal or case from one subordinate court to another or to try the case independently. Following receipt of the applicant's application, the high court may, if necessary, conduct an investigation before determining whether the transfer is in the interest of justice or not. Additionally, the court would reject the request to transfer the case if it discovered any inaccuracies or misleading information in the application.

• Section 408 of the CrPC outlines the session judge's authority to transfer cases and appeals from subordination to the high court. The court has the authority to move a court within its session division's jurisdiction to another court in order to improve the administration of justice and ease the victim's feelings.

Role of the Judiciary

Civil Cases

• In the case of Nahar Industrial v Hong Kong and Shanghai Banking Corporation, the Apex Court concluded that only civil suits are subject to be moved from one civil court to another civil court in the event of an interstate suit transfer.

Criminal Cases

• In the case of Kaushalya Devi v Mool Raj, the Supreme Court ruled that when a case is requested to be transferred but the magistrate handling it objects by filing an affidavit, the transfer will undoubtedly be done in the best interests of justice since in all such cases, the fundamentals of an impartial and fair trial are already in jeopardy, as evidenced by the judge's personal involvement.

With the addition of such provisions, the legislature and the judiciary greatly influence the subject regarding the principle of equity and good beliefs. The transfer of a case from one court to another may not alter the nature of the trial, the relief granted, or the position of the subject. The litigating parties would be guaranteed to receive justice if their cases were transferred from one court to another.

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