Скачать или смотреть How to Transfer Case from One Court to another Part-2

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Part-1 -    • How to Transfer Case from One Court to ano...  

About This Video -
To transfer a criminal case in India, you typically need to file an application with the appropriate High Court or the Supreme Court, depending on the circumstances. The application must detail the reasons for the transfer, supported by an affidavit, and the court will assess whether a transfer is necessary for the ends of justice.
Here's a more detailed breakdown:
1. Determining Jurisdiction:
High Court:
Generally, the High Court of the state where the case is pending has the power to transfer cases within that state.
Supreme Court:
The Supreme Court can transfer cases between High Courts or from courts subordinate to one High Court to courts subordinate to another.
2. Filing the Application:
Application/Petition:
A written application or petition, outlining the reasons for the transfer, must be filed with the relevant court.
Affidavit:
The application should be supported by an affidavit or affirmation detailing the grounds for seeking the transfer.
Preliminary Hearing:
The court will hold a preliminary hearing to determine if the application warrants further consideration.
3. Grounds for Transfer:
Fair Trial:
The most common reason for transfer is to ensure a fair and impartial trial.
Convenience:
Convenience of the parties or witnesses may also be a valid ground.
Special Circumstances:
Threats to the safety of parties or witnesses, or cases with significant public interest, may warrant a transfer.
In the Interest of Justice:
The court can order a transfer if it is deemed necessary for the ends of justice, even without a specific request from a party.
4. Powers of Different Courts:
Sessions Judge: A Sessions Judge can transfer cases within their sessions division.
High Court: A High Court can transfer cases within its jurisdiction and from subordinate courts to itself.
Supreme Court: The Supreme Court has the ultimate power to transfer cases between High Courts or between courts subordinate to different High Courts.
5. Procedure for Filing:
Follow Court Rules:
The specific procedure for filing a transfer petition can vary between courts, so it's essential to consult the relevant court rules and guidelines.
Seek Legal Counsel:
It's recommended to seek legal advice from an experienced lawyer to ensure the transfer application is properly drafted and filed.
In essence, transferring a criminal case involves a formal application to the appropriate court, demonstrating a valid reason for the transfer, and adhering to the court's specific procedural requirements.

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