Experienced Transfer Petition Lawyers

Legal Light Consulting best law firm based in Delhi, India, provides extensive legal services across all states of India. Catering to both domestic and international clients, including individuals, multinational corporations, and public and private companies, Legal Light Consulting – best law firm in Delhi India. This team, distinguished in various areas of law, ensures comprehensive and expert handling of transfer petitions.

Understanding Transfer Petitions

A Transfer Petition involves moving a case from one city to another or from one state to another. When a case needs to be transferred within the same state, the petition is filed before the High Court. For inter-state transfers, the petition is filed before the Supreme Court, which holds the authority to transfer cases across states.

Provisions Under the Code of Civil Procedure (CPC)

In civil matters, Section 25 of the CPC empowers the Supreme Court to transfer any case, appeal, or other proceedings from a High Court or civil court in one state to a High Court or civil court in another state. This power is exercised if the Supreme Court deems such a transfer necessary for the ends of justice.

Provisions Under the Code of Criminal Procedure (CrPC)

In criminal cases, Section 406 of the CrPC grants the Supreme Court the authority to transfer cases and appeals between High Courts or from a criminal court subordinate to one High Court to a criminal court of equal or superior jurisdiction subordinate to another High Court. Applications under this section can be made by the Attorney-General of India or an interested party, but the motion must be made formally unless filed by the Attorney-General of India or the Advocate-General of the State.

Section 407 of the CrPC allows High Courts to transfer cases and appeals if such an order would benefit the general convenience of the parties or witnesses or if it is expedient for the ends of justice.

Section 408 of the CrPC gives the Session Judge the power to transfer cases and appeals within his session division when it appears necessary for the ends of justice.

Notable Judgments on Transfer Petitions

1. Jaishree Banerjee (Smt) vs. Abhirup Banerjee (1997)
   • The Supreme Court allowed the transfer of a case from Delhi to Varanasi, acknowledging the petitioner’s inability to leave her young child behind while attending court proceedings in Delhi.
2. M/S Indian Charge Chrome Ltd. & Anr vs. Union of India & Ors (2006)
   • This case involved the transfer of multiple writ petitions challenging the State Government’s lease grants. The Supreme Court managed these petitions to ensure comprehensive adjudication.
3. Gayatri Mohapatra v. Ashit Kumar Panda (2003)
   • The Supreme Court dismissed a wife’s transfer petition on the grounds that she traveled frequently as a company director. However, the Court accepted the husband’s offer to bear her travel, boarding, and lodging expenses, ensuring fairness in the trial process.

Contact for Legal Light Consulting

For specialized legal assistance in filing a transfer petition under Section 25 of the CPC or Sections 406-408 of the CrPC, you can contact legal light consulting

Services Offered:

• Case Evaluation: Comprehensive assessment of the grounds and merits for your transfer petition.
• Documentation and Filing: Professional drafting and submission of the petition with all necessary supporting documents.
• Legal Representation: Expert representation in Supreme Court hearings to advocate effectively for your transfer request.