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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.

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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

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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:--

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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.....

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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.

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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.

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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.

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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]

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Forward Contracts (Regulation) Act, 1952 Section 27A

Title: Protection of Action Taken in Good Faith

State: Central

Year: 1952

1 [27A. Protection of action taken in good faith (1) No suit or other legal proceedings shall lie in any court against the Central Government or any member, officer or servant of the Commission for anything which is in good faith done or intended to be done under this Act, or, any rule or bye-law made thereunder. (2) No suit or other legal proceeding shall lie in any court against the government body or any member, officer-bearer or servant of any recognised association or against any person appointed under sub-section (1), of section 13 for anything which is in good faith done or intended to be done with the approval, or at the instance, of the Commission and in pursuance of this Act, or by any rule or bye-law made thereunder. _____________________ 1. Inserted by Act 62 of 1960, Section 22 (28-12-1960).

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Requisitioning and Acquisition of Immc Vable Property Act, 1952 Section 18

Title: Protection of Action Taken in Good Faith,

State: Central

Year: 1952

(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder. (2) No suit or other legal proceeding shall lie against the Central Government or the competent authority for any damage caused or likely to be caused by anything which is in good faith done or intended to be done in pursuance of this Act or any order made thereunder.

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