Table of Contents
- 1 Who has the right to transfer any case in India?
- 2 Can a case be transferred to another court?
- 3 What is Article 131 Indian Constitution?
- 4 Which is the highest civil court in a district?
- 5 Can we transfer case to another state?
- 6 Can a criminal case be transferred to another state?
- 7 How to transfer a civil case relating to matrimonial dispute?
- 8 How can I transfer a case from Chennai to Delhi?
Who has the right to transfer any case in India?
Supreme Court of India
Under Section 25 of the Code of Civil Procedure the Hon’ble Supreme Court has the power to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State.
Can a case be transferred to another court?
Under section 526, Criminal Procedure Code, the High Court has power to transfer any case from one Court, subordinate to it to another on any of the grounds specified therein. This power of transfer extends to all classes of cases.
What is transfer petition Civil?
A transfer petition is a petition filed in the court seeking transfer of the case from state agencies to a central body or from one High Court to another or from High Court to Supreme Court. This is done usually to ensure a fair trial, ensure justice, avoid delay or inconvenience, etc.
Can a court case be transferred from one city to another?
You cannot get the case transferred from one district court to another as the court having jurisdiction only can conduct trial. Jurisdiction is determined based on where the crime is committed or where the complainant or accused is living.
What is Article 131 Indian Constitution?
Article 131 gives both the Governments a forum to fight on legal issues and not on mere political issues. Thus, the order given by the Government of India to the State Governments ordering the Chief Minister to tender advice to the Governor of the State is not a mere political issue but a legal right[21].
Which is the highest civil court in a district?
The Court of the District Judge
The Court of the District Judge is the highest civil court in a district to deal with civil cases. Very often the same court is called the Court of District and Sessions Judge, when it deals with both civil and criminal cases at the district level. The judge of this court is appointed by the Governor of the State.
How can I withdraw my civil suit in India?
Order 23, Rule 1(3) of the CPC provides that if a plaintiff desires to withdraw from the suit with liberty to institute a fresh suit in respect of the subject-matter of such suit, then such plaintiff must seek the permission of the court in its application for withdrawal.
Can I change court locations?
If the court your dispute is being heard is in a different city or state to you, you can apply to the court to move it to a different location. While applying to move the location of a case within the same state will be simpler, moving it to a different state will be more complex.
Can we transfer case to another state?
Transfer of cases relating to Matrimonial Disputes from a court situated in a particular state to a court situated in another state, can only be done by the way of Transfer Petition which may be filed by either party to the case before Hon’ble Supreme Court of India.
Can a criminal case be transferred to another state?
i) The jurisdiction under the present section arises in the interests of justice only; (ii) The application for transfer must be made by the Attorney-General or of a party interested; (iii) Power to transfer a case from one State to a Court in another State can be exercised by the Supreme Court only; and (iv) The …
What does motion to transport mean?
A hearing for the purpose of asking a judge to issue a ruling or order. The motion is typically filed by one side and a notice is sent to the opposing attorney who responds in writing.
Can a court case be transferred from one state to another?
Because states have jurisdiction over the crimes that occur there, you’ll most likely have to eat the expenses and appear in that inconvenient state’s court, with some exceptions. You can transfer a court case to another state, but the process varies depending on the type of case,…
How to transfer a civil case relating to matrimonial dispute?
Such Transfer Petition is filed under Section 25 of Code of Civil Procedure, wherein under the said provision, Supreme Court of India has original Jurisdiction to transfer a civil case relating to Matrimonial Dispute, based on facts of the case, & circumstances of parties, and if such transfer is expedient for ends of Justice.
How can I transfer a case from Chennai to Delhi?
Based on your query you have filed a Transfer Petition in Supreme Court to transfer a case from Chennai to Delhi and the Supreme Court must have issued notice to it but after notice your son-in-law must be avoiding notice for one or other reason.
How to transfer vehicle registration from one state to another?
Pay the requisite amount of fees. Vehicle Verification: In the presence of the RTO officer, get the vehicle inspected. The officer or his representative will take the imprint of the chassis number. Collect the Registration Certificate: After the verification is complete, you can confirm the date on which you can collect the RC for the new state.