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Report No. 96

2. Continuance of Legal Proceedings Act, 1948 (38 of 1948)

This Act authorises the continuance of certain proceedings against the (newly created) Dominion of Indian or (newly created) Provinces. Paragraph 12(3) of the Indian Independence (Rights, Property and Liabilities) Order, 1947, made a provision for the continuance of legal proceedings against the Government after the "appointed day" (15th August, 1947), but only in respect of any liability of undivided India or a part thereof. The paragraph did not cover proceedings in respect of any right of undivided India. Ordinance 12 of 1948 was promulgated to remove this defect. This Act replaces this Ordinance. It is enough to quote section 3 of the Act, which provides as follows:-

"3. Any legal proceedings which immediately before the appointed day-

(a) were pending by or against the Secretary of State in any Court within the territories which as from the appointed day became the territories of India by virtue of sub-section (1) of section 2 of the Indian Independence Act, 1947 (10 and 11 Geo., VI, C. 30), and (b) were in respect of any right of India or any part of India, shall

(i) if the right in question was that of the Governor-General-in-Council be continued by or against the Dominion of India;

(ii) if the right in question was that of the former province of Bengal or the Punjab, be continued by or against the Province of West Bengal or East Punjab, as the case may be; and

(iii) if the right in question was that of any Governor's Province other than Bengal, the Punjab, the North West Frontier Province, or Sind, be continued by or against that Province."

The subject falls within Concurrent List, Entry 13 (Civil Procedure).

Reasons for recommending repeal.-The proceedings to which section 3 of the Act (the operative part) applies must, by now, have been disposed of. Subject to verification of the factual position in this regard,1 the Act should be repealed as spent.

1. Subject to verification.



Repeal of Certain Obsolete Central Acts Back




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