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  • Transfer of Cases 177 CPC

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    Nur Iman Sakinah Mohd Dawam
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    The document discusses the transfer of cases between courts under Section 177 of the CPC. It outlines two types of transfers: transmission from a subordinate court to a high court without jurisdiction, which can only occur with the consent of the public prosecutor; and transfer from a subordinate court with jurisdiction to a high court with jurisdiction. It notes that Section 177 is construed as a special legislation under Section 145(3A), so no reasons are necessary for a transfer order. A magistrate may order a transfer if they feel the case ought to be tried in a higher court or if the DPP applies for transfer.

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    Transfer of Cases 177 Cpc

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    The document discusses the transfer of cases between courts under Section 177 of the CPC. It outlines two types of transfers: transmission from a subordinate court to a high court without jurisdiction, which can only occur with the consent of the public prosecutor; and transfer from a subordinate court with jurisdiction to a high court with jurisdiction. It notes that Section 177 is construed as a special legislation under Section 145(3A), so no reasons are necessary for a transfer order. A magistrate may order a transfer if they feel the case ought to be tried in a higher court or if the DPP applies for transfer.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    36 views1 page

    Transfer of Cases 177 CPC

    Uploaded by

    Nur Iman Sakinah Mohd Dawam
    The document discusses the transfer of cases between courts under Section 177 of the CPC. It outlines two types of transfers: transmission from a subordinate court to a high court without jurisdiction, which can only occur with the consent of the public prosecutor; and transfer from a subordinate court with jurisdiction to a high court with jurisdiction. It notes that Section 177 is construed as a special legislation under Section 145(3A), so no reasons are necessary for a transfer order. A magistrate may order a transfer if they feel the case ought to be tried in a higher court or if the DPP applies for transfer.

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    Thursday, 22 March, 2018

    TRANSFER OF CASES 177 CPC

    Transmission (Subo w/out jurisdiction to HC w jurisdiction)

    177A + 177A(1)

    Offence supposed to be tried by the High Court & Cannot be prosecuted in Subordinate
    Court because of no jurisdiction situation. Can only be prosecuted in HC w consent of PP.
    Subo will transmit case for trial before the HC.

    Transfer (Subo w jurisdiction to HC w jurisdiction)

    Done under CPC / statute

    1. Lateral transfer – HC to HC
     Same jurisidiction/hierarchy

    2. Vertical transfer – Subo to HC


     Transfer case from court w jurisdiction to a higher court

    Enacted by special legislation A145(3A) therefore 177 is construed to special legislation.


    No reasons are necessary for 177 are necessary. Transfer may be ordered by Magistrate
    where:
    1. Magistrate ought it to be tried by some court higher jurisdiction than his own
    2. Application by DPP

    When? @ any stage of proceedings

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