Transfer of proceedings

Where the legislature intends for pending proceedings before one forum to be transferred to another, it makes an express provision for such transfer in the statute.

Dispute was with regard to transfer of proceedings from one District to another to execute decree passed by Family Court

Held, that Family Courts Act, 1964 is silent on the subject but in such circumstances Executing Court may take recourse to the provisions of C.P.C.

Execution proceedings can be transferred by the Family Court and can well be executed by the Transferee Court under the relevant provisions of C.P.C. (regulating such proceedings for transferred execution petitions)

Procedure of C.P.C. shall be borrowed and accordingly an alternate mechanism would be deemed to be provided not only for transfer of the decree but also for regulating the proceedings of such transferred execution petitions

High Court directed the appellant to move respective Executing Court for transfer of execution proceedings/ petition

Constitutional petition was allowed accordingly.

Detailed mechanism for execution of decree has not been provided in section 13 of Family Courts Act, 1964, nor it caters for all eventualities arising from execution proceedings

Family Court and the Civil Court under S.13(4) of Family Courts Act, 1964, have been placed at the same pedestal for the purpose of execution of decree

In such capacity a Court "Family" or "Civil" enjoys all powers of Executing Court vested in Part II as well as O.XXI,C.P.C.

Provision of S.39, C.P.C., deals with transfer of decree which empowers the Court which passed a decree to send it for execution to another Court, on the application of decree holder

Once decree was passed by Family Court that had become executable in terms of S. 13 of Family Courts Act, 1964 and in case of any hindrance to the same, the Executing Court could adopt any of the mode provided for execution of decree in C.P.C.

High Court directed the applicants to move respective Executing Courts for transfer of execution proceedings / petitions

Application was allowed accordingly.

Matters can only be transferred from Accountability Courts to other competent Courts.

Complainant sought transfer of trial from court at place 'S' to court at place 'D' on grounds of security of prosecution witnesses

Validity

Application of complainant was supported by affidavits of prosecution witnesses who were star eye-witnesses of the case and they were under fear and threat to appear before Trial Court at place 'S' and record their statements

Apprehension of security of prosecution witnesses existed which was likely to result in inconvenience/ intimidation to prosecution witnesses if they would come forward and record their statements before Trial Court at place 'S'

High Court directed that case be withdrawn from court at place 'S' and was transferred to court at place 'D'

Application was allowed in circumstances.

Complainant sought transfer of case on the plea that attitude of Presiding Officer towards complainant and prosecution witnesses while conducting trial was harsh and derogatory

Validity

Provisions of Control of Narcotic Substances Act, 1997, did not fetter jurisdiction or power of High Court to transfer cases from one Special Court to the other except to the extent that such power was to be exercised in accordance with S.526(d)(e), Cr.P.C. to meet the ends of justice

High Court, pursuant to provisions of S.50 of Control of Narcotic Substances Act, 1997, read with S.526(1)(e) and (3), Cr.P.C. transferred the case to other Special Court

Application was allowed in circumstances.