Referring to Civil Procedure Code, 1908, answer the following: Can a case triable by Special Judge as provided under Criminal Law Amendment Act, 1952 be transferred to High Court? Discuss.

In the case A.R. Antulay vs. R.S. Nayak and Ors. (29.04.1988 - SC): 1988 AIR 1531, the issue was whether the a case triable by Special Judge as provided under Criminal Law Amendment Act, 1952 could be transferred to High Court or not. It was held that Court by its directions cannot confer jurisdiction to High Court of Bombay to try any case by itself for which it does not possess such jurisdiction. The power to create or enlarge jurisdiction is legislative in character, so also the power to confer a right of appeal or to take away a right of appeal. Parliament alone can do it by law and no Court, whether superior or inferior or both combined can enlarge the jurisdiction of a Court or divest a person of his rights of revision and appeal. Thus, a Court by its discretion cannot confer jurisdiction to High Court to try any case by itself for which it does not possess such jurisdiction.