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Section 65 Transfer of pending cases - The Benami Transactions (Prohibition) Amendment Act 2016

What is the law for Transfer of pending cases? Section 65 of The BTP (Prohibition) Amendment Act 2016

Section 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.

   

 

 
 

 

Benami Transactions (Prohibition) Amendment Act, 2016

Section 61 Offences to be non-cognizable

Section 62 Offences by companies

Section 63 Notice, etc not to be invalid on certain grounds

Section 64 Protection of action taken in good faith

Section 65 Transfer of pending cases

Section 66 Proceedings etc against legal representative

Section 67 Act to have overriding effect

Section 68 Power to make rules

Section 69 Laying of rules and notifications before Parliament

Section 70 Power to remove difficulties

Section 71 Transitional provision

Section 72 Repeal and saving

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