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Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Preamble 1

Title: Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

State: Central

Year: 1952

INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT, 1952 [Act, No. 9 of 1952] [23rd February, 1952] PREAMBLE An Act to render ineffective certain decrees and orders passed by Courts in Pakistan against a Government in India and to provide an alternative remedy to persons who have secured such decrees or orders. BE it enacted by Parliament as follows:--

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Complete Act

Title: Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

State: Central

Year: 1952

Preamble1 - INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT, 1952 Section1 - Short title Section2 - Definition Section3 - Certain Pakistan decrees not to be given effect to in India Section4 - Right of holder of a decree to which this Act applies to institute fresh proceedings in India Section5 - Repeal of Ordinance VI of 1951

Constitution of India Article 374

Title: Provisions as to Judges of the Federal Court and Proceedings Pending in the Federal Court or Before His Majesty in Council

State: Central

Year: 1950

.....shall operate to invalidate the exercise of jurisdiction by His Majesty in Council to dispose of appeals and petitions from, or in respect of, any judgment, decree or order of any court within the territory of India in so far as the exercise of such jurisdiction is authorised by law, and any order of His Majesty in Council made on any such appeal or petition after the commencement of this Constitution shall for all purposes have effect as if it were an order or decree made by the Supreme Court in the exercise of the jurisdiction conferred on such Court by this Constitution. (4) On and from the commencement of this Constitution the jurisdiction of the authority functioning as the Privy Council in a State specified in Part B of the First Schedule to entertain and dispose of appeals and petitions from or in respect of any judgment, decree or order of any court within that State shall cease, and all appeals and other proceedings pending before the said authority at such commencement shall be transferred to, and disposed of by, the Supreme Court. (5) Further provision may be made by Parliament by law to give effect to the provisions of this article.

Income Tax Act, 1961 Section 158A

Title: Procedure when Assessee Claims Identical Question of Law is Pending Before High Court or Supreme Court

State: Central

Year: 1961

.....authority, as the case may be, shall, if necessary, amend the order referred to in clause (a) of sub-section (4) conformably, to such decision. (6) An order under sub-section (3) shall be final and shall not be called in question in any proceeding by way of appeal, reference or revision under this Act. Explanation : In this section, - (a) appellate authority means the Deputy Commissioner (Appeals), the Commissioner (Appeals) or the Appellate Tribunal ; (b) case, in relation to an assessee, means any proceeding under this Act for the assessment of the total income of the assessee or for the imposition of any penalty or fine on him. _______________________________ 1. Substituted for before the Supreme Court on a reference under section 257 or in appeal under section 261 by the Finance Act, 2002, with effect from 1st June, 2002. 2. See rule 16 and Form No. 8. For analysis, see Mashbras Income-tax Rules. 3. Substituted for for a reference before the High Court under section 256 or the Supreme Court under section 257 or in appeal before the Supreme Court under section 261 by the Finance Act, 2002, with effect from 1st June, 2002.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Complete Act

State: Central

Year: 1952

.....enacted by Parliament as follows :- SECTION 01: SHORT TITLE This Act may be called the Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952. SECTION 02: DEFINITION - In this Act, the expression "decree to which this Act applies "means any such judgment, decree or order as referred to in - (i) clause (3) of Article 4 of the Indian Independence (Legal Proceedings) Order, 1947, or (ii) paragraph (5) or paragraph (6) of Article 13 of the High Courts (Bengal) Order, 1947, or (iii) paragraph (4) or paragraph (6)1[of Article 13] of the High Courts (Punjab) Order, 1947, which has been or may hereafter be passed by a Court in Pakistan and which imposes any liability or obligation on a Government in India. SECTION 03: CERTAIN PAKISTAN DECREES NOT TO BE GIVEN EFFECT TO IN INDIA Notwithstanding anything contained in any of the Orders referred to insection 2-, no decree to which this Act applies shall be given effect to by any Court or authority in India in so far as such decree imposes any liability or obligation on any Government in India. SECTION 04: RIGHT OF HOLDER OF A DECREE TO WHICH THIS ACT APPLIES TO INSTITUTE FRESH PROCEEDINGS IN INDIA Notwithstanding anything.....

Bombay Anatomy Act, 1949, (Maharashtra) Section 5A

Title: Doubt or Dispute Whether Person Claiming Body is Near Relative to Be Referred to [* * *] Executive Magistrate and Body to Be Preserved Pending Decision

State: Maharashtra

Year: 1949

Doubt or dispute whether person claiming body is near relative to be referred to 2 [* * *] Executive Magistrate and body to be preserved pending decision 1[(1) If any doubt or dispute arises as to whether a person claiming the body of a deceased person under section 5 is a near relative of the deceased or not, the matter shall be referred 3[* * * *] and elsewhere to the Executive Magistrate or such officer as may be appointed in this behalf by the State Government and his decision shall be final and conclusive. (2) Pending such decision, the authorized officer shall take all reasonable care and steps to preserve the body of the deceased person from decay.] _________________ 1. Section 5-A was inserted by Bom. 44 of 1959, section 6. 2. The words "Coroner or" in the marginal note were deleted by Mah. 45 of 2000, section 2 (b). 3. The words "in Greater Bombay to the Coroner or an Additional Coroner appointed unded the Coroners Act, 1871" were deleted, by Mah. 45 of 2000. s. 2 (a).

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Section 5A

Title: Transfer of Pending Applications to Any One of Debts Recovery Tribunals in Certain Cases

State: Central

Year: 2002

.....the parties to the application an opportunity of being heard, pass an order for transfer of the pending applications to any one of the Debts Recovery Tribunals. (3) Notwithstanding anything contained in the Recovery of debts due to Banks and financial Institutions Act, 1993, any order passed by the Appellate Tribunal under sub-section (2), shall be binding on all the Debts Recovery Tribunals referred to in sub-section (1) as if such order had been passed by the Appellate Tribunal having jurisdiction on each such Debts Recovery Tribunals. (4) Any recovery certificate, issued by the Debts Recovery Tribunals to which all pending applications are transferred under sub-section (2), shall be executed in accordance with the provisions contained in sub-section (23) of section 19 and other provisions of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 shall, accordingly, apply to such execution.".] ______________________ 1. Inserted vide The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2004.

Code of Criminal Procedure, 1973 Section 389

Title: Suspension of Sentence Pending the Appeal; Release of Appellant on Bail

State: Central

Year: 1973

.....one, and he is on bail, order that the convicted person be released on bail unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1), and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. ______________________________ 1. Inserted vide The Code of Criminal Procedure (Amendment) Act, 2005.

North-western Provinces and Oudh Act.1890 Section 9

Title: Application of Act 12 of 1887 to Jhansi and Disposal of Pending Cases

State: Central

Year: 1890

.....any proceeding in relation to that case which, if that Court had not ceased to have jurisdiction, might have been had therein, may be had in the Court to which the business of the former Court is transferred by sub-section (2); but this sub-section shall not apply to cases for which provision is made in section 623 or section 649 of the Code of Civil Procedure. {a See now the Code of Civil Procedure, 1908 (5 of 1908)} (5) In the case of appeals from the decrees and orders mentioned in sub-section (3) the period of limitation shall be calculated in accordance with the provisions of section 15 of the Jhansi Courts Act, 1867, {Act 18 of 1867 rep. by s.5 (2) of this Act.} as though this Act had not been passed.

Central Excise Act, 1944 Section 35P

Title: Transfer of Certain Pending Proceedings and Transitional Provisions

State: Central

Year: 1944

.....before that day, and any matter arising out of or connected with such proceeding and which is so pending shall continue to be dealt with by the Board or the1[Commissioner of Central Excise], as the case may be, as if the said section had not been substituted. (4) Any person who immediately before the appointed day was authorised to appear in any appeal or proceeding transferred under sub-section (1) or sub-section (2) shall, notwithstanding anything contained in section 35Q, have the right to appear before the Appellate Tribunal in relation to such appeal or proceeding. ______________________ 1. Substituted by Act 22 of 1995, section 70, for "Collector of Central Excise" (w.e.f. 26-5-1995).