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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 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.....

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.

Patents Act, 1970 (39 of 1970) Section 117G

Title: Transfer of Pending Proceedings to Appellate Board

State: Central

Year: 1970

1[117G. Transfer of pending proceedings to Appellate Board All cases of appeals against any order or decision of the Controller and all cases pertaining to revocation of patent other than on a counter-claim in a suit for infringement and rectification of register pending before any High Court, shall be transferred to the Appellate Board from such date as may be notified by the Central Government in the Official Gazette and the Appellate Board may proceed with the matter either de novo or from the stage it was so transferred]. _______________________ 1. Substituted by Patents (Amdt) Act, 2005. (15 of 2005), w.e.f. 02.04.2007 for the words: Transfer of pending proceedings to Appellate Board.-All cases of appeals against any order or decision of the Controller and all cases pertaining to rectification of register, pending before any High Court, shall be transferred to the Appellate Board from such date as may be notified by the Central Government in the Official Gazette and the Appellate Board may proceed with the matter either de novo or from the stage it was so transferred.

Central Sales Tax Act, 1956 Section 25

Title: Transfer of Pending Proceedings

State: Central

Year: 1956

.....2005, all appeals (except appeals against orders of the highest appellate authority of the State) pending before the Authority notified under sub-section (1) of section 24 shall stand transferred together with the records thereof to the highest appellate authority of the concerned State. 2[***] __________________________ 1. Substituted by the Central Sales Tax (Amendment) Act, 2005. Prior to its substitution, section 25 read as under: "25. Transfer of pending proceedings.On and from the date when the Authority is constituted under section 19, [any proceeding] arising out of the provisions contained in this Chapter- (i) which is pending immediately before the constitution of such Authority before the appellate authority constituted under the general sales tax law of a State or of the Union territory, as the case may be; or (ii) which would have been required to be taken before such appellate Authority, shall stand transferred to such Authority on the date on which it is established." 2. Omitted by the Finance Act, 2010 for the following :- "(2) Such highest appellate authority of the State to which such appeal has been transferred under sub-section (1) on.....

Industrial Disputes Act, 1947 Section 17B

Title: Payment of Full Wages to Workman Pending Proceedings in Higher Courts

State: Central

Year: 1947

1 [17B. Payment of full wages to workman pending proceedings in higher courts Where in any case, a Labour Court, Tribunal or National Tribunal by its award directs reinstatement of any workman and the employer prefers any proceedings against such award in a High Court or the Supreme Court, the employer shall be liable to pay such workman, during the period of pendency of such proceedings in the High Court or the Supreme Court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the workman had not been employed in any establishment during such period and an affidavit by such workman had been filed to that effect in such Court: Provided that where it is proved to the satisfaction of the High Court or the Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part thereof, the court shall order that no wages shall be payable under this section for such period or part, as the case may be.] ________________________ 1. Inserted by Act 46 of 1982, section 11 (w.e.f. 21-8-1984).

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 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.

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).