section 48
Transfer of pending proceedings.
The Bihar and West Bengal (Transfer of Territories) Act, 1956General195652 sections1 chapters
Part VIII LEGAL AND MISCELLANEOUS PROVISIONS
Statutory text
- (1) Every proceeding pending immediately before the appointed day before a Court (other than a High Court), tribunal, authority or officer—
- (a) in any area which on that day remains within Bihar shall, if it is a proceeding relating exclusively to any part of the transferred territories, stand transferred to the corresponding Court, tribunal authority or Officer in West Bengal; and
- (b) in any area which on that day falls within the transferred territories shall, if it is a proceeding relating exclusively to any part of the territories remaining within Bihar, stand transferred to the corresponding Court, tribunal, authority or officer in that State.
- (2) if any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court having jurisdiction in respect of the area in which the Court, tribunal, authority or officer before which, or before whom, such proceeding is pending on the appointed day, is functioning and the decision of that High Court shall be final.
- (3) In this section,—
- (a) "proceeding" includes any suit, case or appeal; and
- (b) "Corresponding Court, tribunal authority or officer" in a State means—
- (i) the Court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or
- (ii) in case of doubt, such Court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of Bihar, to be the corresponding Court, tribunal authority or officer.
Study data processing for this section.
PDF: pending for this language.