A loophole in your case is enough to destroy the suit you filed against someone. If you think the jury is delaying giving you justice for your struggles, you can file a transfer petition to fight your case again from scratch or Bail from supreme court. But do you know how exactly do transfer petition works? In this article, we have discussed everything regarding transfer petitions and how much they hold importance in the judicial system.
What is a transfer petition?
A transfer petition is a petition that is filed in the court with the motive to transfer an existing case from one court to another. The rest of the decision of transferring the case is made based on legal grounds by the court itself. The transfer petition is mentioned in section 25 of the code of civil procedure (CPC) which states the authority of the supreme court to transfer a case from the civil court to the high court or from the high court to the supreme court.
The legal procedure of filing a transfer petition is somewhat similar to Bails Special Leave Petition, it begins with a notice that must include the grounds on which the petitioner wants to transfer the case to the Hon’ble Supreme Court. The petitioner also needs to outline the details of the case in their appeal and the name of the court to which they want to refer their case.
When can you file a transfer petition?
Whether in a civil or criminal case, the main purpose of filing a transfer petition is to get a fair and impartial verdict to a case. People who wait for justice have the right to seek a transfer petition to the supreme court and there is no offence in that. If the petitioner makes the appropriate use of legal grounds, their appeal is accepted under section 25 of CCP and section 406 of CRPC.
· Transfer Petition of Civil Case- The petitioner is allowed to file a Transfer Petition in supreme court in civil matters under section 25 CCP if they specify their grounds clearly in their petition with special leave petition lawyers in delhi. Generally, civil cases involve personal disputes and plaintiff claims, the complaint filed by a person against the opposing party for misconduct and in return, demand compensation for their loss. A civil court covers these non-criminal cases however, if a person is unsatisfied with the judicial proceedings in the Civil court, they have the right to transfer their case from the state to the high court or the civil court of another state by filing a transfer petition with the help of the best supreme court lawyers in delhi ncr. In the entire process of filing a transfer petition, the petitioner is required to apply along with a synopsis that states the grounds for transfer. On the other hand, the defendant receives notice of transfer petition by the court before the passing of an order. In divorce cases, if a separated couple files for a divorce however, both reside in two different states, one of the spouses can seek a transfer petition if they feel that they cannot move to another place in the improbable circumstance. Generally, a transfer petition is granted only on seeing relevant grounds. However, the court remains a little sympathetic towards the female spouses since they move out the most after a separation and often are the victims of domestic violence.
· Transfer petition of Criminal Case- Under section 406 of the court of a criminal procedure, the supreme court enables the petitioner to transfer criminal cases on special grounds from the existing High court to another High Court or from a Criminal Court subordinate to another High Court. In criminal cases, a transfer petition is mainly applied by the petitioner who feels the threats of negligence from the judiciary’s side or inconvenience from the opposing party. For instance, if a defendant perceives that they have been treated impartially by the judge in the trials, they may move forward to seek a transfer petition or Anticipatory Bail from the supreme court to get an opportunity for a fair trial.
Comments
Post a Comment