Power of high court to transfer cases and appeals

TRANSFER OF CRIMINAL CASE: POWER OF THE HIGH COURT

power of high court to transfer cases and appeals

Article shared by. Legal provisions regarding power of High Court to transfer cases and appeals under section of the Code of Criminal Procedure,

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The purpose of the criminal trial is to dispense fair and impartial justice uninfluenced by extraneous considerations. PC by the Supreme Court of India. The apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary, based upon conjectures and surmises. If it appears that the dispensation of criminal justice is not possible impartially and objectively and without any bias, before any court or even at any place, the appropriate court may transfer the case to another court where it feels that holding of fair and proper trial is conducive. No universal or hard and fast rules can be prescribed for deciding a transfer petition which has always to be decided on the basis of the facts of each case. Convenience of the parties including the witnesses to be produced at the trial is also a relevant consideration for deciding the transfer petition.

Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration -related matters. The High Court exercises both original jurisdiction and appellate jurisdiction in civil and criminal matters. By possessing original jurisdiction, the Court is able to hear cases at first instance it can deal with trials of matters coming before the courts for the first time. A special aspect of the Court's original jurisdiction is its judicial review jurisdiction , under which it determines the constitutionality of legislation and actions taken by the Government.



High Court (Singapore)

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort , apex court , and high or final court of appeal.

Procedure for transfer of a case from one court to another

Jurisdiction of the Supreme Court. The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question whether of law or of fact on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 1 , 1 or of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.

Mkalifulla S. Sikri S. Bobde S. Banumathi S. By an order dated April 21, , a three-judge bench of the Court had referred the Transfer Petitions to a Constitution Bench to examine whether the Court had the power to transfer a civil or criminal case pending in any Court in the State of Jammu and Kashmir to a Court outside that State and vice versa. Out of thirteen Transfer Petitions placed before the Court, pursuant to the reference order, eleven sought transfer of civil cases from or to the State of Jammu and Kashmir while the remaining two sought transfer of criminal cases from the State to Courts outside that State.

The judiciary has been paramount institution for determination of any legal dispute. The judiciary has been a watch dog to keep an eye on the legislature and executive authorities to control their arbitrary actions and to keep a check on their activities which may be either driven by their whimsical or by any hidden interest. The judicial authorities are vested within various courts and at many levels as deemed to be proper by the respective High courts. The Indian judiciary has a huge extravagant burden on its shoulder of pendency. In a broader classification, the trails could be separated in two classes namely-. The Civil laws are the laws which relate to disputes between individuals, individual and a company, individual and an organization, or organization against any organization. The scope of the civil law is a wrong doer and against such wrong doing the court may award penalties or cost to the wrong doer and compensation to the victim who has suffered any unwarranted loss due to such behavior.

Filter Results by. A Lakshmanan., Though the constitution of India provides for a single judicial system, yet provisions are made of separate courts for each state.

Powers of Supreme court and High court to transfer cases and appeals

Where is the Supreme Court of Pakistan located? Contact No. Principal Seat. Constitution Avenue, Islamabad. Branch Registry. Nabba Road Near G. Khyber Road, Opt.

The Supreme Court has original, appellate and advisory jurisdiction. It treated as highest and also supreme court in India. The original jurisdiction covers any dispute between the Government of India and one or more States or between two or more States. Dispute may involve question of law or question of fact on which legal right depends. In addition, Article 32 of the Constitution gives powers for original jurisdiction for enforcing Fundamental rights. High Courts are second highest and important court in India.

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1 COMMENTS

  1. Mentdoubfimo1959 says:

    Code. Power of High Court to transfer cases and appeals (1) Whenever it is made to appear to the High Court-. (a) that a fair and impartial inquiry or trial.

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