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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

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.....

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.

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).

Banking Regulation Act, 1949 Section 45C

Title: Transfer of Pending Proceedings

State: Central

Year: 1949

.....may allow, submit to the HighCourt a report containing a list of all such pending proceedings together withparticulars thereof. (3) On receipt of a report undersub-section (2), the High Court may, if it so thinks fit, give the partiesconcerned an opportunity to show cause why the proceedings should not betransferred to itself and after making an inquiry in such manner as may beprovided by rules made under section 45U, it shall make such order as it deemsfit transferring to itself all or such of the pending proceedings as may bespecified in the order and such proceedings shall thereafter be disposed of bythe High Court. (4) If any proceedings pending in acourt is not so transferred to the High Court under sub-section (3), suchproceeding shall be continued in the court in which the proceeding was pending. (5) Nothing in this section shallapply to any proceeding pending in appeal before the Supreme Court or a HighCourt.

Customs Act, 1962 Section 131B

Title: Transfer of Certain Pending Proceedings and Transitional Provisions

State: Central

Year: 1962

.....immediately 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 Customs], 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 146A, have the right to appear before the Appellate Tribunal in relation to such appeal or proceeding. _____________________ 1. Substituted by Act 22 of 1995, section 50, for "Collector of Customs" (w.e.f. 26-5-1995).

Administrative Tribunals Act, 1985 Section 29

Title: Transfer of Pending Cases

State: Central

Year: 1985

.....a Tribunal", in relation to any local or other authority or corporation 1 [or society], means the date with effect from which the provisions of subsection (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation 2 [or society]. (3) Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal. Explanation.-For the purposes of this sub-section, "State Tribunal" means a Tribunal established under sub-section (2) of section 4. (4) Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2),- (a) the court or other authority shall, as soon as may be after such transfer, forward the records of such suit, appeal or other proceeding to the Tribunal; and (b) the Tribunal may, on.....

Bangalore City Civil Court Act, 1979 Section 19

Title: Special Provisions for Transfer of Pending Suits,etc.

State: Karnataka

Year: 1979

.....High Court shall be the Judge or Court to which the said suit, appeal or proceeding shall stand transferred under this section and the decision of the High Court shall be final.] (10) For removal of doubts it is hereby declared that the provisions of the Karnataka Civil Rules of Practice, 1967 and other rules regulating the practice and procedure of the Civil Courts, applicable to the Civil Courts in the State of Karnataka on the appointed date shall, until they are amended or altered, mutatis mutandis apply to the City Civil Court. (11) The local limits of the Jurisdiction of the Court of Small Causes established under section 3 of the Karnataka Small Causes Courts Act, 1964 (Karnataka Act 11 of 1964) for the City of Bangalore as defined in the City of Bangalore Municipal Corporation Act, 1949 (Mysore Act LXIX of 1949), shall, as from the appointed date be the limits of the City of Bangalore as defined in this Act. ______________________ 1. Substituted by Act 23 of 1980 (w.e.f. 25-7-1980). 2. Inserted by Act 23 of 1980 (w.e.f. 25-7-1980).