# TRANSFER OF CASES - **Citation:** C.L. No. 51 - **Court:** Allahabad High Court - **Decided:** 1960-09-23 - **Case number:** C.L. No. 51 - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/transfer-of-cases-163670 - **Pages:** 2 ## Text 415 CHAPTER - XII JUDICIAL-MISCELLANEOUS 1. TRANSFER OF CASES (i) Regular cases C.L. No. 51 dated 23rd September, 1960 Appeals from the orders and sentences of the Assistant Sessions Judges should ordinarily be heard by Sessions Judges themselves and not transferred to Additional Sessions Judges. G.L. No. 42 dated 3rd November, 1932 The instructions given below apply to additional courts other than those, which have been working regularly and are more or less in the nature of permanent courts or additional courts created for the trial of particular cases. There is a tendency in subordinate courts to postpone complicated cases and to take up the disposal of such cases as are short or convenient and when an additional court is created such old and complicated cases are often transferred to it in order to give relief to the permanent court. The Presiding Officers of such additional courts are generally less experienced than those of permanent courts, and such an arrangement is not satisfactory, and is disapproved by the High Court. C.L. No. 100-B dated 12th September, 1952 Stayed cases should not be transferred to additional courts of Civil Judges or Munsifs. Old cases should be retained on the file of permanent courts and only fresh institutions should be transferred to additional courts for disposal. C.L. No. 43/IV-g-27 dated 13th April, 1979 The court has noticed that cases below Rs. 10,000/- in valuation are still pending in the courts of Civil Judges and have not been transferred to the courts of Munsifs who have been conferred with the powers to try such cases. Though the principle that cases should normally be tried by the lowest court competent to try them cannot be given the shape of a peremptory rule, the same cannot be ignored. It does not only save the time of court of the higher jurisdiction for doing more important work but it also safeguards the right of the litigants of having their first appeal heard and decided by the appellate court of their respective districts. The above principle should always be kept in mind while making distribution of the work in the district. G.L. No. 9/B-9 dated 1st May, 1941 In transferring criminal cases, the practice of transferring only difficult and complicated cases of the permanent judge's own file or lengthy and involved appeals is to be deprecated. The Court is unwilling to lay down any hard and fast rule which might inconvenience Sessions Judges in their discretion to transfer either cases from their own file or new institutions to the additional courts, but the Court insists that Sessions Judges must not place an unfair burden upon additional courts by giving to them only difficult and complicated work. The Court suggests as a broad principle to be followed that unless 416 there are strong reasons to the contrary, there should be an equal distribution between the permanent court and the temporary court of difficult and easy, long and short cases. The Sessions Judge can easily satisfy himself from the calendar or from glance through the committal order and the Magistrate's estimate of the number of days likely to be taken in the hearing whether a case is likely to be long and difficult, or short and easy. It appears to the Court that certain Sessions Judges transfer cases as the result of a policy of showing a good disposal in their own courts with a comparatively low disposal in the courts of Additional Sessions Judges. The Court considers this to be bad administrative policy and will make comment to that effect in future in the personal files of the judges concerned. No. 55/2007Admn. (G). Allahabad Dated: 13.12.2007. The Hon'ble Court has taken serious note of the Magistrate Courts not observing the provision as laid down in Rule 21 of the General Rules (Criminal), Sub Clause (ii) of which provides that in case of transfer of a criminal case from the court of one Magistrate to another magistrate a new serial and a number shall be given showing the new number in the numerator and the old number in the denominator. The non-observance of this rule has resulted in difficult to ascertain as to how old a particular case has become due the said case not being decided by a particular court. Therefore, I have been directed to say that every court of a magistrate shall ensure strict compliance of the Rule 21 of the General Rules (Criminal) with all seriousness without fail. I am to say further that kindly bring the contents of this circular Letter to notice of all the magistrates working under your administrative control for strict compliance. C.L. No. 71/VII-h-13 dated 11th June, 1952 All Sessions Judges should transfer a sufficient number of civil and criminal appeals to temporary courts of Additional District Judges so that if for some reason sessions trial cannot be proceeded with they may have some other work to fall back upon. Ordinarily at least 50 criminal and civil appeals should be pending before an Additional District Judge. If necessary, they should on days the work in the temporary courts falls short also transfer to the temporary court any work available, which it is competent to try so that there may be no waste of time. C.L. No. 65/VIII-h/37/D R(S) dated 12th October, 1982 The cases pending in vacant court of Civil Judge, should be transferred to different courts of Additional District and Sessions Judges, District Judge and to the court of other Civil Judge, if any, posted in the judgeship. C.L. No. 4/Admn.(A) dated 17th August, 1976 It invites attention to clause 53 added to Section 4 of the U.P. General Clauses Act by Act No. 54 of 1975 according to which any reference to the ―District Judge‖ has to be construed as including a reference to the ―Additional District Judge‖. This being the position of the revisions filed before the District Judges can always be transferred to and heard and disposed of by the Additional District Judges.