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Transfer of Case from One Court to Another

-Kishan Dutt Kalaskar

 

When a family moves from one city to another, there is transfer of all their belongings, children are transferred from one school to another, job transfers are done, even legal identification documents are transferred to the new address. However, when it comes to legal matters pending before a Court, can they be transferred to another Court? We are not talking about a family shift but a Court case where transfer is sought from one jurisdiction to another, it could be a district, a city, or even a state. To transfer a Case from one Court to another, it is crucial to understand the legal standing in this regard, as addressed below.

 

Transfer of Court Case - Is it possible?

The Legal System in India depends upon various factors for initiating any claim. It starts with a right, its violation, the correct mode to initiate a legal action based on jurisdiction, territorial, pecuniary or subject matter, one or more need to be satisfied. The person who commences legal action, and the person against whom such action is initiated, may not be subject to the same territory. So if a person in Delhi sues another in Bangalore, such other person will be obliged to travel to Delhi so that he does not face future trouble, so that Court does not think that the person is not respecting the legal process. For such instances, the other person may seek transfer of case from one district to another. An application for transfer of case from one Court to another needs to be moved, and it is upto the Court concerned to allow or reject the same.

 

Who can transfer a case from one Court to another?

Speaking of the authorities who may be approached for transfer of Court cases, it is not the government but the Courts only. Which Court can allow a transfer depends upon the specific legal provisions applicable to the matter. For example, whether a cruelty case is transferable depends upon the Criminal Procedural Laws, due to the criminal nature of the offence. In case of a dispute pertaining to a property, it is the Civil Procedural Laws which lay the track for transfer of Court case from one place to another. Thus, not a person but the Statute decides who can decide whether a court case is transferable, and who gets to decide about such transfer.

 

 

Transfer of Criminal Cases

Sections 446 and 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deal with powers of Supreme Court and High Courts respectively, regarding transfer of cases and appeals. Section 446 leaves it upon the Apex Court in case ends of justice could be met if a criminal case or appeal was transferred from one High Court to another, or from one Criminal Court to another under different High Courts. The same could be done on receiving applications from the parties through criminal lawyers. In case of frivolous or vexatious applications, the Supreme Court is empowered to impose costs as well.

Section 447 empowers the High Courts to transfer a case from one Court to another Court of appropriate jurisdiction, as expedient for the ends of justice. Such an action may be taken on an application by parties or a report of the lower Court, or even its own initiative. It can be seen that when it comes to transfer of cases from one Court to another, the High Court enjoys vast powers. Section 448 further gives Session Judge the power to transfer cases and appeals.

Simply put, a Sessions Court can transfer cases among Courts under his/her sessions division. The High Court can transfer cases within its jurisdiction. The Supreme Court is empowered to transfer cases from one High Court to another, or a lower Court under one High Court to that of another High Court, as the case may be.

 

Transfer of Civil Cases

While jurisdiction in criminal cases is mostly rigid in terms of the place where the offence was committed, the territorial jurisdiction in civil cases includes 2-3 places of jurisdiction. It includes the places where parties to the matter reside, and also the place of subject matter, matrimonial house or place of marriage in matrimonial cases, registered office of company in commercial matters, etc. Section 22 of the Code of Civil Procedure, 1908 states the power to transfer suits which may be instituted in more than one Court. An application in such case has to be made to the Appellate Court. When there are different Appellate Courts and one High Court, application may be made to such High Court. In case of Courts subordinate to different High Courts, application has to be made to the High Court where the suit brought is situated. Even matters pertaining to Courts having no jurisdiction to try a civil suit also need to be applied by a civil lawyer for transfer of case from one Court to another under this provision.

 

What are the Grounds for Transfer of Court Case?

While we know the answer to the possibility of transfer of case from one Court to another, it remains a mystery the reasons which can compel the deciding Court whether to allow or reject an application in this regard. The grounds for transfer of case may be:

●       Convenience of the defendant in a civil suit when jurisdiction lies with two or more Courts;

●       To address the question of law involving an unusual difficulty, which may be resolved with a transfer from one Court to another;

●       To ensure fair and impartial investigation or trial in a criminal matter.

●       For convenience of parties, meet ends of justice, or even to fulfil a legal requirement.

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