Lawgist65Transfer of pending cases
1[65. Transfer of pending cases.--(1) Every suit or proceeding in respect of a benami transaction pending in any Court (other than a High Court) or Tribunal or before any forum on the date of the commencement of this Act shall stand transferred to the Adjudicating Authority or the Appellate Tribunal, as the case may be, having jurisdiction in the matter.
(2) Where any suit, or other proceeding stands transferred to the Adjudicating Authority or the Appellate Tribunal under sub-section (1),--
(a) the court, Tribunal or other forum shall, as soon as may be, after the transfer, forward the records of the suit, or other proceeding to the Adjudicating Authority or the Appellate Tribunal, as the case may be;
(b) the Adjudicating Authority may, on receipt of the records, proceed to deal with the suit, or other proceeding, so far as may be, in the same manner as in the case of a reference made under sub-section (5) of section 24, from the stage which was reached before the transfer or from any earlier stage or de novo as the Adjudicating Authority may deem fit.]
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1. Subs. by Act 43 of 2016, s. 10, for sections 7 and 8 (w.e.f. 1-11-2016).
- 56 Repeal of provisions of certain Acts
- 57 Certain transfers to be null and void
- 58 Exemption
- 59 Power of Central Government to issue directions, etc
- 60 Application of other laws not barred
- 61 Offences to be non-cognizable
- 62 Offences by companies
- 63 Notice, etc., not to be invalid on certain grounds
- 64 Protection of action taken in good faith
- 65 Transfer of pending cases
- 66 Proceedings, etc., against legal representative
- 67 Act to have overriding effect
- 68 Power to make rules
- 69 Laying of rules and notifications before Parliament
- 70 Power to remove difficulties
- 71 Transitional provision
- 72 Repeal and saving
