24Transfer of pending cases
(1) Every suit, claim or other legal proceeding (other than an appeal) pending before any court, Claims Commissioner or other authority immediately before the appointed day, 1 [ 2 [or the date of commencement of the provisions of sub-section (1A), or, as the case may be, the date of commencement of the provisions of sub-section (1B)] of section 13], being a suit, claim or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the appointed day, 1 [or the date of commencement of the provisions of sub-section (1A), or, as the case may be, the date of commencement of the provisions of sub-section (1B)] of section 13], within the jurisdiction of the Claims Tribunal, shall stand transferred on 3 [that day or, as the case may be, date,] to the Claims Tribunal.
(2) Where any suit, claim or other legal proceeding stands transferred from any court, Claims Commissioner or other authority to the Claims Tribunal under sub-section (1),--
(a) the court, Claims Commissioner or other authority shall, as soon as may be after such transfer, forward the records of such suit, claim or other legal proceeding to the Claims Tribunal;
(b) the Claims Tribunal may, on receipt of such records, proceed to deal with such suit, claim or other legal proceeding, so far as may be, in the same manner as an application, from the stage which was reached before such transfer or from any earlier stage or de novo as the Claims Tribunal may deem fit.
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1. Ins. by Act 28 of 1994, s. 13 (w.e.f. 1-8-1994).
2. Subs by Act 7 of 2017, s. 162 (w.e.f. 26-5-2017).
3. Subs. by Act 28 of 1994, s. 13, for "that day" (w.e.f. 1-8-1994).
- 1 Short title, extent and commencement
- 2 Definitions
- 3 Establishment of Railway Claims Tribunal
- 4 Composition of Claims Tribunal and Benches thereof
- 5 Qualifications for appointment as Chairman, Vice-Chairman or other Member
- 6 Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances
- 7 Term of office
- 8 Resignation and removal
- 9 Salaries and allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
- 9A Qualifications, terms and conditions of service of Chairman, Vice-Chairman and Membe
- 10 Provision as to the holding of offices by Chairman, Vice-Chairman, etc., on ceasing to be such Chairman or Vice-Chairman, etc
- 11 Financial and administrative powers of Chairman
- 12 Staff of Claims Tribunal
- 13 Jurisdiction, powers and authority of Claims Tribunal
- 14 Distribution of business amongst Benches
- 15 Bar of jurisdiction
- 16 Application to Claims Tribunal
- 17 Limitation
- 18 Procedure and powers of Claims Tribunal
- 19 Right to legal representation and presenting officers
- 20 Power of Chairman to transfer cases from one Bench to another
- 21 Decision to be by majority
- 22 Execution of orders of Claims Tribunal
- 23 Appeals
- 24 Transfer of pending cases
- 25 Proceedings before Claims Tribunal to be judicial proceedings
- 26 Members and staff of Claims Tribunal to be public servants
- 27 Protection of action taken in good faith
- 28 Act to have overriding effect
- 29 Power to remove difficulties
- 30 Power to make rules
- 30A Power to make rules retrospectively