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In Supreme Court of India

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In the Supreme Court of India

Transfer Cases

Supreme Court of India can transfer a civil or criminal case pending in a Court in a particular State to another State, in the interest of Justice. Some parties file a Civil case in a court situated in a place that does not have jurisdiction or to create a difficulty to the opposite party from attending the court. For example, a husband filing a case in Mumbai seeking divorce against a wife living in Jaipur, whereas both of them got married and lived in a different place. Such a case will surely put the wife in difficulty to attend the case in every hearing. Finally, the case may be allowed Ex-parte. In such a case if the wife files a Transfer Petition in the Supreme Court of India, seeking to transfer the case pending in Mumbai court to a Court in Jaipur, the Supreme Court after taking into consideration of all the factual details may transfer the case to Jaipur.

Special Leave Petition (Civil)

An appeal lies to the Supreme Court from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies that:-

  1. the case involves a substantial question of law as to the interpretation of the Constitution, or,
  2. the case involves a substantial question of law of general importance, and
  3. In the opinion of the High Court, the said question needs to be decided by the Supreme Court.

Upon grant of special leave to appeal under Art. 136 of the Constitution, appeal against a judgment, decree, determination, sentence or order of a High Court in a civil proceeding also falls under civil appeal.

Special Leave Petition (Criminal)

An appeal lies to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court, if the High Court:-

  1. Certifies that the case involves a substantial question of law as to the interpretation of the Constitution, or,
  2. has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
  3. has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
  4. certifies that the case is a fit one for an appeal to the Supreme Court.

Upon grant of special leave to appeal under Art. 136 of the Constitution, appeal against a judgment, decree, determination, sentence or order of a High Court in a criminal proceeding also falls under criminal appeal.

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