Since courts work as per jurisdiction, it can be understood as the authority of courts, tribunals, judges, etc. to adjudicate a matter between the concerned parties. Jurisdiction is decided based on territorial and pecuniary facts of matter. However, while a court having jurisdiction tries, can a case be transferred to another court? If yes, then what is the format for application for transfer of case from one court to another? Also, what are the grounds for transfer of case in civil as well as criminal matters? All such aspects are dealt with below focussing on the law of land.
What Does it Mean When a Case is Transferred?
A court case is tried as per jurisdiction as mentioned earlier. Any scope for change in the trial court depends upon whether the existing laws allow it. Transfer of case from one district to another means that the case which was being tried by one court will be taken up by another. This is usually followed by application for transfer of case from one court to another.
Can a Case be Transferred to Another Court?
Yes, the Criminal Procedure Code[1] empowers the concerned High Court to transfer of case from one magistrates court to another or court of superior jurisdiction or the court of session. People often ask can a criminal case be transferred from one court to another? The particular grounds for transfer of criminal case from one court to another have been specified therein which also include application for transfer of case from one court to another by an interested party. Transfer of case from one district court to another also falls within the jurisdiction of the concerned High Court. In general, an application for transfer of case from one court to another through a criminal lawyer can be entertained by a superior court while the two courts of jurisdiction involved are subordinate to it.
For transfer of civil case from one court to another, relative provisions are there in Civil Procedure Code[2] as well. Section 22 requires the defendant to institute an application under Section 24 for transfer of case from one court to another in case two or more courts hold jurisdiction. In other words, there is a high court under which 3 courts have jurisdiction to hear a particular matter. In such a case, the defendant of the case whose civil suit is being tried in one district, another district may also have jurisdiction to try the matter. He may apply for transfer of case from one district court to another with the help of a civil lawyer. However, application is not a prerequisite and the concerned High Court or appellate court may on its own motion order transfer of case from one court to another if it requires.
Thus, transfer of divorce case from one district court to another may be applied for by one of the spouses based on their place of residence or the place of marriage. Application for transfer of case from one family court to another may be carried out if the defendant party/ parties request so. So is the case with transfer of civil case from one court to another. The Supreme Court has power in case of transfer of case from one high court to another[3].
Who has the right to transfer any case?
In civil as well as criminal matters, it is evident that the higher court has the right to transfer of case from one judge to another among its subordinate courts. To be exact, appellate courts of jurisdiction have the right subject to satisfaction of grounds for transfer of case. Sessions court may order transfer of case regarding matters in the lower courts. In case of transfer of case from one district court to another, the concerned high court holds the power. Apart from that, if it is a matter among two high courts, the Supreme Court may decide and transfer.
Can I Transfer a Court Case to Another State?
If it is about transfer of case from one district court to another, it is not always confined to two districts of one state. The question arises, can a case be transferred to another state?. In other words, is an application for transfer of case from one court to another among two districts of different states possible? This has been answered by the apex court itself.
In Durgesh Sharma (supra)[4], the hon’ble Supreme Court held that “....where such Courts are subordinate to different High Courts, it is only the Supreme Court which may pass an order of transfer. In other words, if two courts are subordinate to different High Courts, one High Court has no power, jurisdiction or authority to transfer a case pending in any court subordinate to that High Court to a Court subordinate to other High Court. It is only the Supreme Court (this Court) which may order the transfer.”
Contact a civil lawyer in kolkata for consultation.
Grounds for Transfer of Case
In case of transfer of case from one district court to another, the following aspects are to be taken care of by the concerned appellate court:
- Application by one of the defendants (or either party) for transfer of Civil suit to another court having jurisdiction (in case 2 or more courts have jurisdiction);
- In criminal cases, to ensure fair and impartial inquiry or trial;
- Probability of a question of law with unusual difficulty;
- If convenient to parties, for ends of justice or as required by the law.
Conclusion
It is an attempt to simplify the legality behind transfer of case from one district court to another and also other courts. However, whether the legal concept fits or works out depends upon the facts of the matter and also the expertise of concerned lawyers pleading the case. People often know substantive laws like what constitutes murde, what is a partition suit, etc. However, it is always beneficial for a layman to know the procedural laws like that of transfer of case from one district court to another.
[1] Section 407 of the Code of Criminal Procedure, 1973.
[2] Sections 22 to 25 of the Code of Civil Procedure, 1908.
[3] Section 25 of the Code of Civil Procedure, 1908.
[4] Durgesh Sharma vs. Jayshree, SLP (Civil) 8327 of 2007.
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