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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

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.....

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

Title: Short Title

State: Central

Year: 1952

This Act may be called the Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952.

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 Section 2

Title: Definition

State: Central

Year: 1952

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. _____________________________ 1. Inserted by the Repealing and Amending Act 1952 (Act 48 of 1952) w.e.f 02.08.1952.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 3

Title: Certain Pakistan Decrees Not to Be Given Effect to in India

State: Central

Year: 1952

Notwithstanding anything contained in any of the Orders referred to in section 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.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 4

Title: Right of Holder of a Decree to Which This Act Applies to Institute Fresh Proceedings in India

State: Central

Year: 1952

Notwithstanding anything contained in section 3 of the Indian Limitation Act, 1908 ,any person in whose favor a decree to which this Act applies has been passed may, within one year from the commencement of this Act, or within one year from the date of the decree, whichever is later, institute a fresh suit or other legal proceeding in respect of the cause of action on which such decree was based, and any such suit or other legal proceeding may, notwithstanding anything contained in section 20 of the Code of Civil Procedure, 1908, or in any other law or in any agreement to the contrary relating to the place of suing, be instituted in any Court otherwise competent to try it, within the local limits of whose jurisdiction the person instituting it voluntarily resides or carries on business or personally works for gain.

Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952 Section 5

Title: Repeal of Ordinance Vi of 1951

State: Central

Year: 1952

[Repealed by the Repealing and Amending Act, 1957 (Act 36 of 1957) 17.09.1957]

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).

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).