Is there any power on the Supreme Court to transfer suo motu or by either of the party in any civil or criminal case pending before lower court involving substantial question of constitutionsal law or other law?
N.K.Assumi (Advocate) 22 July 2009
Is there any power on the Supreme Court to transfer suo motu or by either of the party in any civil or criminal case pending before lower court involving substantial question of constitutionsal law or other law?
N.K.Assumi (Advocate) 22 July 2009
Please read as Transfer to supreme Court itself.
Shree. ( Advocate.) 22 July 2009
Dear Assumi Sir,
Power of Supreme Court to transfer suits,etc
The Supreme Court has the power to transfer 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 on the application of a party.
Every application under this section shall be made by a motion which shall be supported by a affidavit.
The Court to which such suit, appeal or other proceeding is transferred shall , subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.
If the application is frivolous or vexatious, the Supreme Court may order the applicant to pay by way of compensation to any person who has opposed the application such sum , not exceeding two thousands rupees. –
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.]
N.K.Assumi (Advocate) 22 July 2009
Dear Sir Shree, Thank you so much for your responds. Yes, section 25 CPC says so, but please forgive my ignorance if I am wroung, but I dont find in section 25 the power of the Supreme Court to transfer the case to its file except to transfer to other high Court or State etc. Or does the words in Sub Clause 1 of section 25 CPC implies the power of the Supreme Court to transfer any case from any court to its jurisdiction. Please correct me If I am wroung.
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