TRANSFER PETITION TO SUPREME COURT UNDER ARTICLE 139A(1), 139A(2), SECTION 25 OF CODE OF CIVIL PROCEDURE AND SECTION 406 OF CODE OF CRIMINAL PROCEDURE

The following are the Transfer Petitions that can be filed in Supreme Court of India under Supreme Court Rules 2013.

 

Transfer Petitions under Article 139A(1) of the Constitution of India read with Order XL of the Supreme Court Rules 2013

Transfer petitions under Article 139A(1) of the Constitution of India can be filed for transfer of cases involving the same or substantial question of law pending before the Supreme Court and one or more High Courts or before two or more High Courts.

 

Article 139A(1) in The Constitution Of India 1949

(1) Where cases involving the same or substantially the same questions of law are pending before the Supreme Court and one or more High Courts or before two or more High Courts and the Supreme Court is satisfied on its own motion or an application made by the Attorney General of India or by a party to any such case that such questions are substantial questions of general importance, the Supreme Court may withdraw the case or cases pending before the High Court or the High Courts and dispose of all the cases itself: Provided that the Supreme Court may after determining the said questions of law return any case so withdrawn together with a copy of its judgment on such questions to the High Court from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed to dispose of the case in conformity with such judgment

 

Transfer Petitions under Article 139A(2) of the Constitution of India read with Order XLI of the Supreme Court Rules 2013

Transfer petitions under Article 139A(2) of the Constitution of India can be filed for transfer of any case, appeal or other proceedings pending before any High Court to any other High Court.

 

Article 139A(2) in The Constitution Of India 1949

(2) The Supreme Court may, if it deems it expedient so to do for the ends of justice, transfer any case, appeal or other proceedings pending before any High Court to any other High Court  

 


Transfer Petitions under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI of the Supreme Court Rules 2013

Transfer petitions under Section 25 of the Code of Civil Procedure 1908 can be filed for transfer of any suit, appeal or other proceedings from a High Court or other civil court in one State to a High Court or other civil court in any other state.

 

Section 25 of Code of Civil Procedure 1908

25. Power of Supreme Court to transfer suits, etc
(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State

(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum, not exceeding two thousand rupees, as it considers appropriate in the circumstances of the case.

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to have applied to such suit, appeal or proceeding.

 

 

Transfer Petitions under Section 406 of the Code of Criminal Procedure 1973 read with Order XXXIX of the Supreme Court Rules 2013

Transfer petitions under Section 406 of the Code of Criminal Procedure 1973 can be filed for transfer of any particular case or appeal from one High Court to another High Court or from a criminal court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction, subordinate to another High Court.

 

Section 406 in The Code Of Criminal Procedure, 1973

406. Power of Supreme Court to transfer cases and appeals

(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney- General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney- General of India or the Advocate- General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate In the circumstances of the case.

 

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