TRANSFER PETITION IN SUPREME COURT
Advoknit has one of the best lawyers for transfer cases in the supreme court. Advoknit lawyers had huge experience in the area of transfer petition in the supreme court, especially matrimonial cases. Both section 25 of the CPC and the section 406 of Cr.p.c ,1974 deal with the transfer of civil and criminal cases before the Supreme Court of India. Transfer of cases from one court to another is an incidental and necessary aspect of the administration of justice. The supreme court nowadays is flooded with matrimonial and divorce transfer petitions.
TRANSFER OF CASE UNDER SECTION 25 OF CIVIL PROCEDURE CODE
The Supreme Court has the power to transfer a suit, or proceedings from one High Court to another or from one district Court to another district court in a different state to achieve the end of justice. What is expedient for the ends of justice under section 25 will have to be judged upon by the totality of facts and circumstances.
If there are multiple similar petitions pending in different states, the supreme court can transfer one of the petitions to one of those courts so as to enable a consolidated trial. The paramount consideration for the exercise of the power of transfer must be to meet the end of justice.
TRANSFER OF CASE UNDER SECTION 406 OF THE CRIMINAL PROCEDURE CODE
The Supreme Court has the power to transfer a criminal case from one high court to another high Court or from a criminal court to another criminal court to meet the end of justice. The Supreme Court will transfer the case only when it feels that there is merit in such a petition. If it appears to the Hon’ble Supreme Court that the subordinate Court is not acting judicially or if there is any apprehension that the accused is not getting or is not likely to get a proper, fair, and impartial trial, the supreme court will not hesitate to transfer the case.
The convenience of the parties including the witness to be produced at the trial is a relevant consideration for deciding the transfer petition. Mere inconvenience is insufficient as the ground of transfer. There must be reasonable apprehension on the party to a case that justice may not be done.