Section 65
Transfer of pending cases. Repealed
The Prohibition of Benami Property Transactions Act, 1988
About this Act
An Act to prohibit benami transactions and the right to recover property held benami and for matters connected therewith or incidental thereto.
1[65. Transfer of pending cases.--(1) Every suit or proceeding in respect of a benami transaction
pending in any Court (other than a High Court) or Tribunal or before any forum on the date of the
commencement of this Act shall stand transferred to the Adjudicating Authority or the Appellate
Tribunal, as the case may be, having jurisdiction in the matter.
(2) Where any suit, or other proceeding stands transferred to the Adjudicating Authority or the Appellate Tribunal under sub-section (1),--
(a) the court, Tribunal or other forum shall, as soon as may be, after the transfer, forward the records of the suit, or other proceeding to the Adjudicating Authority or the Appellate Tribunal, as the case may be;
(b) the Adjudicating Authority may, on receipt of the records, proceed to deal with the suit, or other proceeding, so far as may be, in the same manner as in the case of a reference made under sub-section (5) of section 24, from the stage which was reached before the transfer or from any earlier stage or de novo as the Adjudicating Authority may deem fit.]
(2) Where any suit, or other proceeding stands transferred to the Adjudicating Authority or the Appellate Tribunal under sub-section (1),--
(a) the court, Tribunal or other forum shall, as soon as may be, after the transfer, forward the records of the suit, or other proceeding to the Adjudicating Authority or the Appellate Tribunal, as the case may be;
(b) the Adjudicating Authority may, on receipt of the records, proceed to deal with the suit, or other proceeding, so far as may be, in the same manner as in the case of a reference made under sub-section (5) of section 24, from the stage which was reached before the transfer or from any earlier stage or de novo as the Adjudicating Authority may deem fit.]
Notes
1. Subs. by Act 43 of 2016, s. 10, for sections 7 and 8 (w.e.f. 1-11-2016).