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Report No. 248

55. Continuance of Legal Proceedings Act, Act 38 of 1948

Category: Administration of Justice

Recommendation: Repeal

This Act authorises the continuance of certain proceedings against the then newly-created Dominion of India or the Provinces which were pending immediately before August 15, 1947. This Act has been recommended for repeal by the 96th Law Commission Report, 1984.

While recommending its repeal, the Report mentions that the proceedings to which the Act refers must have by now been disposed of and hence, the law should be repealed as spent, subject to verification of the factual position. By way of abundant caution, a suitable savings clause may be inserted in the repealing law so that any pending proceedings are unaffected by the repeal of the Act.



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