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Report No. 85

7.11. Power to transfer suit appeals and other proceedings.-

In regard to section 110, it is also appropriate to mention the controversy that has arisen on the question whether the provisions of section 24 of the Code of Civil Procedure (transfer of suits and proceedings) apply so as to empower the High Court to transfer cases from one Claims Tribunal to another. One view is that section 24 does not apply in regard to proceedings before the Tribunal1. This is based on the reasoning that the "Claims Tribunal" constituted under section 110 is a mere "Tribunal", and not a court. A contrary view as to the status of the Tribunal2-3 has been taken in some other cases, though this specific point was not in issue.

1. Laxminarain Mitra v. Kailash Narain Gupta, AIR 1974 Raj 155.

2. Krishan Gopal v. Dallotray, AIR 1972 MP 125.

3. Shardaben v. M.1. Pandya, AIR 1971 Guj 151.



Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back




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