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Report No. 178

15.Transitory Provision.-

(1) The provisions of section 79 of the Negotiable Instruments Act, 1881,as amended by section 3 shall apply, to suits and appeals pending at the commencement of this Act, as if the provisions of the said section as amended by this Act had been in force at all material times.

(2) The provisions of clause (c) of section 58 of the Transfer of Property Act, 1882 as amended by section 4 shall apply, to all agreements of re-conveyance where the period of three years referred to in the proviso to that section has not expired at the date of commencement of this Act, as if the provisions of the said section as amended by this Act had been in force at all material times.

(3) The provisions of sub-sections (7) to (9) of section 6 and section 6A as inserted in the Revenue Recovery Act 1890 by section 5 shall apply to all proceedings for sale where the sale proclamation has not been issued at the date of the commencement of this Act.

(4) The provisions of clause (a) of the proviso to section 35 of the Indian Stamp Act, 1899 as amended by section 6 shall apply, to suits pending at the commencement of this Act where the objection relating to the admissibility of the instrument has not been disposed of by the court at the commencement of this Act.

(5) The provisions of sub section (1) of section 34 of the Code of Civil Procedure, 1908 as substituted by clause (a) of section 7 shall apply to suits and appeals, pending at the commencement of this Act.

(6) Rule 12 of Order XX of the First Schedule to the Code of Civil Procedure 1908 and rule 18 of that Order as amended by sub-clause (A) of clause (b) of section 7 shall apply to suits where the evidence at the trial has not been closed at the commencement of this Act.

(7) Order XXXIV of the First Schedule to the Code of Civil Procedure 1908 as substituted by sub-clause (B) of clause (b) of section 7 shall apply to all suits for foreclosure, sale, redemption and appeals pending at the commencement of this Act where a preliminary decree has not been passed at the date of such commencement.

(8) Rules 5 and 6 of Order XXXVIII of the First Schedule to the Code of Civil Procedure 1908 as substituted by sub-clause (C) of clause (b) of section 7 and Forms 5 and 5A in Appendix F of the said Code as substituted by sub-clause (D) of that clause, shall apply to applications for attachment before judgement and interim attachment before judgment made after the commencement of this Act .

(9) The provisions of section 306 of the Indian Succession Act, 1925 as amended by section 9 shall apply to all causes of action for assault as defined in the Indian Penal Code or for other personal injuries not causing the death of the party where no declaration has been made by the Court or Tribunal in regard to the abatement of the said action or where the correctness of any such declaration is pending in any appeal at the commencement of this Act, as if the provisions of the said section as amended by this Act had been in force at all material times.

(10) The provisions of section 69 of the Indian Partnership Act, 1932 as amended by section 10, shall apply to suits and appeals pending at the commencement of this Act, as if the provisions of the said section as amended by this Act had been in force at all material time.

(11) The provisions of sub-section (2) of section 18 of the Hindu Adoption and Maintenance Act, 1956 as amended by section 12, shall apply whether the marriage of the woman had been solemnised before or after the commencement of this Act , as if the provisions of the said section as amended by this Act had been in force at all material times,.

(12) The provisions of clause (b) of Explanation to sub section (1) of section 125 of the Code of Criminal Procedure 1973 as amended by clause (1) of section 13 shall apply whether the marriage of the woman had been solemnised before or after the commencement of this Act, as if the provisions of the said section as amended by this Act had been in force at all material times.

(13) The provisions of sub-sections (1),(1A) and (1B) of section 162 of the Code of Criminal Procedure 1973 as substituted for sub-section (1) of that section by subsection (2) of section 13 and the provisions of section 164A of the said Code as inserted by sub-section (3) of section 13 shall apply where investigation has not commenced by the date of the commencement of this Act.

(14) The provisions of sub-section (2A) of section 174 the Code of Criminal Procedure 1973 as inserted by sub-section (4) of section 13 shall apply where inquest proceedings have not commenced by the date of the commencement of this Act.

(15) The provisions of-

(i) clause (b) of sub-section (1) of section 190 the Code of Criminal Procedure 1973 as amended by sub-section (5) of section 13 ;

(ii) section 207A of the Code of Criminal Procedure 1973, as inserted by clause (6) of section 13 of this Act;

(iii) sub-section 238 of the Code of Criminal Procedure as inserted by clause (7) of section 13 of this Act;

(iv) section 239 the Code of Criminal Procedure 1973 as substituted by clause (8) of section 13 of this Act;

(v) sub-section (1) of 244 of the Code of Criminal Procedure 1973 as amended by clause (9) of section 13 of this Act;

(vi) section 249 of the Code of Criminal Procedure 1973 as amended by clause (10) of section 13 of this Act ; and

(vii) sub-section(1) of section 256 of the Code of Criminal Procedure as amended by clause (11) of section 13 of this Act, shall not apply to complaints, inquiries and judicial proceedings pending at the commencement of this Act.

(16) The provisions of sub-section (5) of section 166 of the Motor Vehicles Act, 1988 as inserted by clause (a) of section 14 shall apply also to claims for compensation for injury where the death of the injured person has taken place before the commencement of this Act, as if the provisions of the said section as amended by this Act had been in force at all material times, where the claim has not been dismissed by a Court or Tribunal as having abated or where the claim is dismissed as abated, an appeal there from is pending, at the date of commencement of this Act.



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