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An Application for transfer of Suit under Section 25 of the Code of Civil ProcedureSection 25 of the Code of Civil Procedure enables the Supreme Court to transfer any Case, appeal or other proceedings from High Court or other civil court in one State to a High Court or other civil court in any other State. This power may be exercised by the Supreme Court if it is satisfied that an order under this Section is expedient for the ends of justice. Hence wide powers are given to the Supreme Court to order a transfer if it feels that the ends of justice so require.
In Dr. Subramaniam Swamy v. Ramakrishna Hegde, the Court held that:
The paramount consideration for transfer of a case under Section 25 of Code of Civil Procedure must be the requirement of justice. It was held that the mere convenience of the parties or anyone of them may not be enough for the exercise of power, but it should even be shown that trial within the chosen forum can lead to denial of justice. The Court further held that if the ends . of justice so demand and the transfer of the case is imperative, there should be no hesitation to transfer the case. The right of the dominus litis to choose the forum and consideration of plaintiff s convenience etc. cannot eclipse the requirement of justice. Justice must be done at all costs; if necessary by the transfer of the case from" one court to another.
This provision has been most often invoked in matrimonial matters, and usually at the instance of the wife. When the husband and wife are living separately and the husband files -a petition for divorce or institutes other proceedings under the law relating to marriage and divorce at the place where he is residing, which is usually the place where the parties last resided together, the wife, who has often returned to her parental home, moves for transfer either on the ground that she cannot afford to travel or that she cannot leave her child behind or that she faces threats when she goes to defend the proceedings. The Court invariably takes a sympathetic view towards the wife's plea for transfer, but this is net always the case.
Avtar Singh and Co. Pvt. Ltd. v. S.S. Enterprises, a petition was filed,
under Section 25 CPC for transfer of the suit from the Calcutta High Court to
the District Court at Kanpur where a suit was already pending. The Court directed the Calcutta suit to be transferred to Kanpur taking
into account of fact that Kanpur suit was filed earlier in point of time, and
that the suit was filed in Calcutta was in the nature of a cross-suit.
B. Application For Transfer Under Section 406 Of The Code Of Criminal Procedure
Section 406 of the Code of Criminal Procedure gives power to the Supreme Court to transfer criminal cases and appeals pending in 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. The Supreme Court can act under the
section only on the application of the Attorney General or of a party interested. Where an application under Section 406 Of The Code of Criminal Procedure 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 the respondent such sum not exceeding Rs 1000.
In Maneka Sanjay Gandhi v. Miss Rani Jethmalani, the Supreme Court pointed out as to when the Court can exercise the power of transfer. Justice Krishna Iyer observed as follows:
"Assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like mine-grievances. Something more substantial more compelling, more imperiling from the point of view of public justice and its attendant environment, is necessitous if the Court is to exercise its power of transfer; This is the cardinal principle although the circumstances may be myriad and vary from case to case.
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