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Section 34 of AFT Act 2007 - Transfer of pending cases

What is Transfer of pending cases? Section 34 of Armed Forces Tribunal Act 2007

Section 34 : Transfer of pending cases

(1) Every suit, or other proceeding pending before any court including a High Court or other authority immediately before the date of establishment of the Tribunal under this Act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the Tribunal, if it had arisen after such establishment within the jurisdiction of such Tribunal, stand transferred on that date to such Tribunal.

 

(2) Where any suit, or other proceeding stands transferred from any court including a High Court or other authority to the Tribunal under sub-section (1),—

(a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Tribunal;

(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in the same’ manner as in the case of an application made under sub-section (2) of section 14, from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.

 

 

 

AFT ACT 2007

CHAPTER IV PROCEDURE

Section 21 of AFT Act 2007 - Application not to be admitted unless other remedies exhausted

Section 22 of AFT Act 2007 - Limitation

Section 23 of AFT Act 2007 - Procedure and powers of the Tribunal

Section 24 of AFT Act 2007 - Term of sentence and its effect on appeal

Section 25 of AFT Act 2007 - Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel

Section 26 of AFT Act 2007 - Condition as to making of interim order

Section 27 of AFT Act 2007 - Power of Chairperson to transfer cases from one Bench to another

Section 28 of AFT Act 2007 - Decision to be by majority

Section 29 of AFT Act 2007 - Execution of order of Tribunal

CHAPTER V APPEAL

Section 30 of AFT Act 2007 - Appeal to Supreme Court

Section 31 of AFT Act 2007 - Leave to appeal

Section 32 of AFT Act 2007 - condonation

CHAPTER VI MISCELLANEOUS

Section 33 of AFT Act 2007 - Exclusion of jurisdiction of civil courts

Section 34 of AFT Act 2007 - Transfer of pending cases

Section 35 of AFT Act 2007 - Provision for filing of certain appeals

Section 36 of AFT Act 2007 - Proceedings before Tribunal to be judicial proceedings

Section 37 of AFT Act 2007 - Members and staff of Tribunal to be public servants

Section 38 of AFT Act 2007 - Protection of action taken in good faith

Section 39 of AFT Act 2007 - Act to have overriding effect

Section 40 of AFT Act 2007 - Power to remove difficulties

Section 41 of AFT Act 2007 - Power of Central Government to make rules

Section 42 of AFT Act 2007 - Power to make rules retrospectively

Section 43 of AFT Act 2007 - Laying of rules

 

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