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How to Transfer a Case from One Court to Another

Ritika


January 30, 2025

The judicial system is an integral part of our country. We, the citizens, rely on the system to get justice. We have faith in the system to protect our rights. This hope is the only factor that keeps us coming back to the judicial system to address injustices. 

The pendency of cases in the Indian judicial system is a significant issue, with many cases dragging on for years without justice being delivered. From the session courts to the Supreme Court of India, cases undergo a process of transfer, which, though intended to ensure fairness, is often complicated by jurisdictional issues.  

In this blog, the focus will be on simplifying the transfer of cases across courts. You will learn about the procedure of how to transfer cases from one court to another and what are the grounds to transfer these suits.  

Let’s read on about it! 

What is Transfer of Cases? 

Transfer of cases refers to the process of moving cases from one court to another. The involved party should file an application, and if the court finds the reasons valid upon hearing the application, it will order the transfer of the case. 

Transfer of Civil Cases Under CPC 

Section 22 

Section 22 of the (CPC) Code of Civil Procedure empowers civil courts to transfer the lawsuit. There are two essential conditions that must be met before initiating transfer of suit: 

  1. The application for transfer must be made before the resolution of issues between the parties. 
  2. Once the application for transfer is submitted by one party, notice should be given to the opposing party.  

After considering the application and objections, the court will determine which court is competent for this case.  

Section 23 

Section 23 states the conditions where the application of transfer can be made. These conditions are:  

  1. When multiple courts are present under the jurisdiction of the same appellate court, then the application of transfer of suit should be submitted under that common appellate court. 
  2. The transfer court must be subordinate to the court making transfer order.  
  3.  For an ongoing case in lower court, the application of transfer will be submitted to the high court of same local jurisdiction where the initial case was filed.  

Section 24 

Section 24 deals with the jurisdiction for the transfer of the suits or the handling of appeals or revisions. Under this section the district court and supreme court can exercise the power to withdraw the case or suo moto, even when there is no formal transfer application submitted by any party concerned. 

The powers and procedures associated with transfer of cases under section 24 are: 

  1. Transfer of Suits by Application: When the court receives an application for the transfer of the case, it serves notice to all the parties and hears their objections. Therefore, the Hon’ble High Court or District Court will:   (A) Transfer an undecided case to an inferior court which is deemed suitable for the case.   (B) Withdraw a case that is ongoing in court inferior to it.  (C) Try to render a verdict or dispose of the case itself.  (D) Re-transfer the case to the same court it was transferred or withdrawn for disposal.  
  2. Retrial or Resume: When the suit is transferred or withdrawn, the court has the option to either resume the proceedings or for retrial of the case. 
  3. Judicial Discretion: The court should be impartial, guided by justice and equity. The court should ensure that the application does not have any mala fide intentions and consider the grounds of reasoning. If the application is made with ill-intent, then the court can dismiss the application. 
  4. Notice to Parties: When an application is made under section 24 of CPC, the notice is sent to the parties, and it is considered a part of the proceeding only. 
  5. Recording Reasons: When the case is applied to be transferred to the higher court, reasons for transfer should be recorded by the court. These reasons should be recorded separately from the main case facts. Only the original order should be kept in the case proceedings and a copy should be sent out to the relevant court. 

Revision 

Under Section 115 of the CPC, the Hon’ble High Court calls some cases for revision which are decided by subordinate court. 

  1. Have exercised their power beyond statute 
  2. Subordinate court did not oblige with the provisions of law 
  3. Subordinate court illegally exercises jurisdiction 

Appeal 

Section 96 of CPC defines that an Appeal shall lie in superior court when the subordinate court has passed a decree of the case it has original jurisdiction of, and the superior court has the right to hear appeals from subordinate courts.  

Want to Understand the Difference between Revision and Appeal? Ask DigiLawyerAI 

Section 25 

Section 25 grants the Supreme Court the special authority to transfer suits from one state’s Hon’ble High Court or Civil Court to another state’s Hon’ble High Court or Civil Court. The powers and procedures mentioned in this section are: 

  1. Transfer Application: When an application for transfer is filed by any involved party, the power of transferring suits from one state to another can be exercised by the supreme court. 
  2. Notice and Objections: Once the application is filed, a notice is sent out to the parties involved. After hearing the objections from both parties, the court will consider the matter. 
  3. Grounds for Transfer: The Hon’ble Supreme Court can transfer the matter from case to another if it is convinced that such an order is expeditious for the purpose of procuring Justice. 
  4. Interstate Jurisdiction: When the case is deemed necessary to transfer from one state to another for the purpose of procuring Justice. 

Effect of Order of Transfer 

As soon as the order is issued by the court, it is considered effective. The effectiveness does not depend upon the conveyance of messages delivered to the designated court.  

Cases Where Transfer is Allowed 

  1. Reasonable apprehension of injustice 
  2. Balance of convenience 
  3. When two cases are filed on same cause of action against each other 
  4. If multiple cases in different courts involve common questions of facts and law, independent of each other, they can be tied together to increase efficiency. 
  5. When the judge is biased and interested in one party 

Also Read: How to File a Civil Suit in India? 

Cases Where Transfer is not Allowed 

  1. Mere convenience of applicant 
  2. Judges giving opinions in advance about the judgement of the case 
  3. Erroneous order by judge 
  4. If the influence of opponent is in the locality 
  5. When the court is distant from the applicant’s residence 

Compensation 

If the transfer is dismissed or the court does not find the transfer to be for valid reasons, it has the authority to order the applicant to compensate the opposing party. Although the compensation amount should not exceed Rs. 2000.  

Visit DigiLawyer to Find the Cases of Transfer of Civil Matters 

Transfer of Criminal Cases Under BNSS 

Section 446: Power of Hon’ble Supreme Court to Transfer Cases and Appeal 

  1. Whenever it appears to the Hon’ble Supreme Court that an order under Section 446 of the BNSS is necessary for justice, it can direct the transfer of any case or appeal from one high court to another or from a subordinate criminal court to another subordinate court with superior jurisdiction. 
  2. The Hon’ble Supreme Court can only act on it in 2 conditions, that are, firstly, the Attorney General makes an application or an party interested makes an application and such application shall be made by motion except when the applicant is either Attorney General of India or Advocate General of state and it should be supported by affidavit of affirmation. 
  3. When an application for the exercise of powers is dismissed, and the Hon’ble Supreme Court is of point of view that the application was made with a non-serious intent then the Hon’ble Supreme Court can order the applicant to pay compensation to any person who has opposed the application considering the circumstances of the case.  

Section 447: Power of Hon’ble High Court to Transfer Cases and Appeal 

  1. When a criminal case appears in the Hon’ble High Court  
  2. An impartial or fair trial cannot be held in any criminal subordinate court  
  3. Some unusual difficulty arises in relation to law. 
  4. An order is passed by any provision of this Sanhita or general convenience of the parties or to seek justice. 
  5. The Hon’ble High Court can act on the report of the lower court on application of party interested or on its own initiative.  
  6. Any app made for order under 447(1) shall be made by motion by Advocate General of state and it should be supported by affidavit of affirmation. 
  7. If an application is made by an accused person, the Hon’ble High Court has power to make him execute a bond for the payment of any compensation which the Hon’ble High Court may award. 
  8. The accused person making such application is bound to give a written notice to public prosecutor with a copy of ground on which it is made, and no order shall be made till at least 24 hours have elapse between giving such notice and hearing of application.  
  9. When the application for transfer of case is made from any subordinate court, the high court may, to meet interest of justice, order, that if any application is pending in subordinate court shall be stayed (provided that the stay shall not affect the subordinate court’s power of remand under section 346). 
  10. When an application for an order under 447(1) is dismissed, the Hon’ble High Court can exercise power and the Hon’ble High Court is of point of view that the application was made with a non-serious intent then the Hon’ble High Court can order the applicant to pay compensation to any person who has opposed the application considering the circumstances of the case. 
  11. When the Hon’ble High Court orders, under 447 (1), transfer of case from any court for try in such a case the same procedure that the court would have observed needs to be followed. 
  12. Nothing in this section shall be deemed to affect any order of the Government under section 218. 

Section 448: Power of Session Judge (SJ) to transfer cases and appeal 

  1. Whenever a Session Judge feels that an order under this sub-section is necessary for justice, he can order transfer of a case from one criminal court to another in his sessions division. 
  2. The Session Judge can act on the report of the lower court or application by a party interested, or on his own discretion or initiative. 
  3. The provisions of sub-section (3),(4),(5),(6),(7) and (9) of section 447 shall apply to an application made to Session Judge for an order under sub-section (1) as applied to the high court for an order under 447(1),447 (7) shall so apply as if the word “sum” not exceeding Rs. 10,000. 

Grounds for Transfer Petition 

The grounds for a petition are the reasons why the involved party is requesting the transfer of a case from one court to another. It should be mentioned in the petition for the transfer of case. There must be a valid reason why the petition is filed for the transfer of case and that reason should be considered valid by the court. 

The grounds for transferring petitions are: 

  1. Jurisdiction Error 
  2. Threat to life 
  3. Biasness 
  4. Medical Condition 
  5. Ensuring a fair trial 
  6. To avoid multiplicity 

Legal Vocabulary 

  1. Plaintiff: A person who files the case. 
  2. Defendant: A person who defends the claims made by plaintiff. 
  3. Suo Moto: Anything that is public interest can be considered Suo moto. The judge can make an order to transfer the case.  
  4. Appellate: Any court of law that is empowered to hear a case upon appeal. 

 Conclusion 

The transfer of cases from one court to another is an act done to uphold justice and fairness in the judicial system. The judicial systems help in prioritizing fairness and justice in the order by ensuring that the case is heard properly in appropriate jurisdictions.  

While the provisions under CPC and BNSS are clear, the main reasoning for the transfer of cases should be valid. Transferring the case from one court to another can significantly impact the decision of the court. This will also protect the case from being tainted by partiality and injustice. 

Digilawyer.ai, your affordable AI lawyer, can help you with understanding the process of transferring a case from one court to another.  

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