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Report No. 85

7.12. Recommendation to insert section 110(5).-

In our opinion, it would be proper to vest a power in the High Court to transfer cases. We recommend that new sub-sections should be inserted in section 110 to achieve the above object, as follows:-

"110(5). On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, or of its own motion, the High Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any proceeding be transferred from a Claims Tribunal in the State to another Claims Tribunal in the State.

110(6). Every application under this section shall be made by a motion which shall be supported by an affidavit.

110(7). The Tribunal to which such proceeding is transferred shall, subject to any special directions in the order of transfer, either re-try it or proceed from the stage at which it was transferred to it.

110(8). In dismissing any application under this section, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay, by way of compensation to any person who has opposed the application, such sum, not exceeding one thousand rupees, as it considers appropriate in the circumstances of the case."



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




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