How to transfer a case from one Court to another?
It has been for ages that the judiciary has been the most important institution to determine any legal dispute. It keeps an eye on the legislature and executive branches to control their arbitrary actions. India is the country with the biggest Constitution in the world. To maintain the law and order, and not let breach of laws, Supreme Court is the highest authority. This is the large expanded nature of the Constitution of India that the judiciary here figures out an extra burden on its shoulder of pendency.
There are two broader classifications of
Judiciary that are Civil law &
Criminal law.
#Civil laws are meant to relate disputes
between individuals and companies. The scope of civil law envokes the provision
to impose a penalty on the culprit, and award compensation to the victim.
#Criminal activities cause potential
damage to society or people at a large level. Criminal acts have an overall
impact on society and badly impact a major share of society. One can file a
criminal case against any person by lodging a first information report or doing
a private complaint against the person.
Purpose of
transferring cases in courts
The whole Judiciary is seen with the
utmost respect, and people come before it with an expectation that the
judiciary will do very fair and equitable justce. Putting ahead a fair view
should always be amongst the top priorities of any court.
To protect the reputation of courts, and
maintain the moral standards between members of the judiciary and the code of
criminal and civil procedure have sufficient grounds to transfer cases from one
court to another.
The hierarchy of the courts is followed
according to the table mentioned below:
Supreme
Court->High Court->District Court
What is the power
of Civil courts to transfer cases?
The procedure of civil code 1908 is an
abbreviated legislature to negotiate the law report and actualize the course to
be accepted for trial. Section 15 of the C.P.C, 1908 clarifies that every case
needs to be filed in the lower court of competence to try that matter. This way
absurdity concerned with the Jurisdiction of claim maintenance and area of
claim filing is avoided.
The cases can be
transferred on the following grounds:
The case should be transferred from one
court to another court on the following grounds:
● It is the
important duty of the court to take all required measured, accomplish all
requirements of justice and pronounce the judgement that can send a good
message in society.
● The court is the
most sacred and reliable place having an extra moral obligation to maintain the
spirit of trust and confidence within this premises. Thus the court has been
vested with such a discretionary authority to actualize such question related
to the transfer of court.
● According to the
inquiry report of a superior judicial officer, the trial must not be conducted
through a specific magistrate or some other officer. Such a report shall also
be found to be a valid ground to transfer a case from one court to another.
● The trial court
has limited jurisdiction over the subject matter of dispute in this kind of
limited or shared judicial issue.
● The mutual
collision between the judicial officer and the party
● When the judicial
officer is engaged in litigation by some of the other
● Any disturbance or non-ethical relation between a
judicial officer or lawyer
I hope, you understand the steps and
procedure to transfer a case from one court to another. For the latest legal news and updates on the
Supreme Court and High Courts of India, keep visiting the Indialegallive
website,
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