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125. Provisions as to certain pending proceedings.-

(1) Every proceeding pending immediately before the appointed day before a Court (other than a High Court), tribunal, authority or officer in any area which on that day falls within a State shall, if it is a proceeding relating exclusively to any part of the territories which as from that day are the territories of another State 1[or form a Union territory], stand transferred to the corresponding Court, tribunal, authority or officer in the other State 1[or the Union territory, as the case may be].

(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 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 1[or Union territory] means-

(i) the Court, tribunal, authority or officer in that State 1[or Union territory] 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 1[or Union territory] as may be determined after the appointed day by the Government of that State 1[or the Central Government, as the case may be], or before the appointed day by the Government of the corresponding State, to be the corresponding Court, tribunal, authority or officer.



States Reorganisation Act, 1956 Back




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