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Tag: CrPC 406 – Power of Supreme Court to transfer cases and appeals

Shama Sharma Vs Kishan Kumar on 10 Jan 2024

Posted on January 29, 2024 by ShadesOfKnife

A division bench of Apex Court passed following order prohibiting mentioning of caste/religion of any litigant either before it or the courts below, while allowing the transfer of a RCR case from Rajasthan to Punjab.

From Para 7,

7. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.

From Paras 10-12,

10. Before parting with this matter, we have noted with surprise that the caste of both the parties has been mentioned in the memo of parties, besides their other details. Learned counsel for the petitioner submits that if the memo of parties as filed before the courts below is changed in any manner, the Registry raises an objection and in the present case as the caste of both the parties was mentioned before the court below, he had no option but to mention their caste in the Transfer Petition.
11. We see no reason for mentioning the caste/religion of any litigant either before this Court or the courts below. Such a practice is to be shunned and must be ceased forthwith. It is therefore deemed appropriate to pass a general order directing that henceforth the caste or religion of parties shall not be mentioned in the memo of parties of a petition/proceeding filed before this Court, irrespective of whether any such details have been furnished before the courts below. A direction is also issued to all the High Courts to ensure that the caste/religion of a litigant does not appear in the memo of parties in any petition/suit/proceeding filed before the High Court or the Subordinate Courts under their respective jurisdictions.
12. The above directions shall be brought to the notice of the members of the Bar as well as the Registry for immediate compliance. A copy of this order shall be placed before the Registrar concerned for perusal and for circulation to the Registrar Generals of all the High Courts for strict compliance.

Shama Sharma Vs Kishan Kumar on 10 Jan 2024
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Change in Cause title CrPC 406 - Power of Supreme Court to transfer cases and appeals Judgments on Transfer Petitions Shama Sharma Vs Kishan Kumar Transfer Petition Video Conferencing | Leave a comment

NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022

Posted on January 20, 2024 by ShadesOfKnife

A division bench of Apex Court said that wifeโ€™s convenience which must be looked at while considering transfer.

From Paras 8-11,

8. It is not disputed that the appellant is the resident of Chennai and that the appellantโ€™s husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood. In order to attend the court proceedings of the case filed by her husband at Vellore she has to travel alone all the way from Chennai to Vellore as her parents are not in a position to accompany her on account of their old age. Secondly, the appellant has also filed a petition, H.M.O.P. No.1741 of 2021, for restitution of conjugal rights and another petition, M.C. Sr. No.672 of 2021, for her maintenance before the Family Court at Chennai.
9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wifeโ€™s
convenience which must be looked at while considering transfer.
10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.
11. As noticed above, the appellant is a young lady aged about 21 years, staying alone along with her aged parents. Under the above circumstances, it is difficult for her to travel all the way from Chennai to Vellore to attend the court proceedings of the case filed by the respondent seeking annulment of marriage. Further, it is also just and proper to club all the three cases together to avoid multiplicity of the proceedings and conflict of decisions. Therefore, the High Court was not justified in rejecting transfer petition bearing TR.C.M.P.No.473 of 2020, filed by the appellant herein.
12. Resultantly, the appeal succeeds and is accordingly allowed. The Order dated 19.11.2020 passed by the High Court in TR.C.M.P. NO.473 of 2020 is set aside. We direct transfer of F.C.O.P. No.125 of 2020 pending consideration before the Family Court, Vellore to the jurisdictional Family Court at Chennai. We also direct the clubbing of the aforementioned three cases so that a common order may be passed by the concerned Family Court at Chennai.

NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022

Citations:

Other Sources:

 


Index of Transfer Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 406 - Power of Supreme Court to transfer cases and appeals NCV Aishwarya Vs AS Saravana Karthik Sha Reportable Judgement or Order | Leave a comment

Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010

Posted on November 13, 2023 by ShadesOfKnife

A Full Bench of the Apex Court passed these broad factors while considering transfer petitions u/s 406 Cr.P.C.

From Para 24,

24.Thus, although no rigid and inflexible rule or test could be laid down to decide whether or not power under Section 406 of the Cr.P.C. should be
exercised, it is manifest from a bare reading of sub-sections (2) and (3) of the said Section and on an analysis of the decisions of this Court that an order of transfer of trial is not to be passed as a matter of routine or merely because an interested party has expressed some apprehension about the proper conduct of a trial. This power has to be exercised cautiously and in exceptional situations, where it becomes necessary to do so to provide credibility to the trial. Some of the broad factors which could be kept in mind while considering an application for transfer of the trial are:-
(i) when it appears that the State machinery or prosecution is acting hand in glove with the accused, and there is likelihood of miscarriage of justice due to the lackadaisical attitude of the prosecution;
(ii) when there is material to show that the accused may influence the prosecution witnesses or cause physical harm to the complainant;
(iii) comparative inconvenience and hardships likely to be caused to the accused, the complainant/the prosecution and the witnesses, besides the burden to be borne by the State Exchequer in making payment of travelling and other expenses of the official and non-official witnesses;
(iv) a communally surcharged atmosphere, indicating some proof of inability of holding fair and impartial trial because of the accusations made and the nature of the crime committed by the accused; and
(v) existence of some material from which it can be inferred that the some persons are so hostile that they are interfering or are likely to interfere either directly or indirectly with the course of justice.

Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010

Citations : [2011 AIR SC 1549], [2011 RCR CRIMINAL SC 1 120], [2011 SCC CRI 1 39], [2011 AIR SC 325], [2011 SCC 1 307], [2010 AIOL 798], [2010 SLT 9 322], [2010 JT 12 641], [2011 CRLJ SC 997], [2010 SCALE 12 199], [2010 SUPREME 7 729], [2010 AIC 96 1], [2011 ECRN 1 717], [2011 KCCR 2 845], [2011 AIR SCW 325], [201 OJ 13 (ADDL.) S.C.R. 851]

Other Sources:

https://indiankanoon.org/doc/668282/

https://www.casemine.com/judgement/in/5609aedde4b0149711414eec

https://vlex.in/vid/nahar-singh-yadav-and-572148534

https://www.latestlaws.com/latest-caselaw/2010/november/2010-latest-caselaw-867-sc/


Index of Transfer Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 406 - Power of Supreme Court to transfer cases and appeals CrPC 407 - Power of High Court to Transfer Cases and Appeals. Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Nahar Singh Yadav and Anr Vs Union of India and Ors | Leave a comment

Judgments on Transfer Petitions

Posted on September 23, 2023 by ShadesOfKnife

List of judgments pertaining to Transfer of matrimonial cases.

Supreme Court of India:

  1. Nahar Singh Yadav and Anr Vs Union of India and Ors on 19 Nov 2010 [broad factors to consider while disposing transfer petitions u/s 406 Cr.P.C.]
  2. NCV Aishwarya Vs AS Saravana Karthik Sha on 18 Jul 2022 [Supreme Court listed some principles to be considered while deciding transfer petitions]

 

Andhra Pradesh High Court:

 

 

Bombay High Court:

  1. Sarita Rahul Sharma Vs Rahul Udayraj Sharma on 03 Oct 2024 [Due a minor child, wife’s prayer to transfer a Divorce petition from Vasai to Mahim (about 60 KMs) was allowed]
  2. Samina Firdaus Vs Shoeb Khan on 24 Jan 2025 [Use video conferencing; FIR registered against knife and her gang for assault on husband and his family]

 

 

Karnataka High Court:

  1. Sushmitha B.L. Vs Raghavendra B.R on 07 Jan 2025 [Inconvenience of the Husband caring for two minor children is given importance and Transfer petition was dismissed]

 

 

 


The MASTER INDEX is here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged CPC 24 - General power of transfer and withdrawal CrPC 406 - Power of Supreme Court to transfer cases and appeals CrPC 407 - Power of High Court to Transfer Cases and Appeals. CrPC 408 - Power of Sessions Judge to Transfer Cases and Appeals Judgments on Transfer Petitions | Leave a comment

CrPC 406 – Power of Supreme Court to transfer cases and appeals

Posted on March 5, 2021 by ShadesOfKnife

(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from 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.
(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section 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 any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 406 - Power of Supreme Court to transfer cases and appeals | Leave a comment

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