Andhra Pradesh and Mysore (Transfer of Territory) Act : Transfer of pending proceedings. Indian Bare

Andhra Pradesh and Mysore (Transfer of Territory) Act,1968

Act No : 36

Section : Transfer of pending proceedings.

16. Transfer of pending proceedings. (1) Every proceeding pending immediately before the appointed day before any court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Mysore shall, if it is a proceeding relating exclusively to any part of the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the State of Andhra Pradesh. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court of Mysore and the decision of that High Court shall be final. (3) In this section,-- (a) "proceeding" includes any suit, case or appeal, and 912 (b) "corresponding court, tribunal, authority or officer" in the State of Andhra Pradesh means-- (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if the proceeding had been instituted after the appointed day, or (ii) in case of doubt, such court, tribunal, authority or officer in that State as may be determined after the appointed day by the Government of Andhra Pradesh, or before the appointed day by the Government of Mysore, to be the corresponding court, tribunal, authority or officer.