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Section 29 of CAT Act 1985 - Transfer of pending cases

What is the procedure for Transfer of pending cases? Section 29 of Administrative Tribunals Act, 1985

Section 29 : Transfer of pending cases

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

Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court.

 

2. Every suit or other proceeding pending before a court or other authority immediately before the date with effect from which jurisdiction is conferred on a Tribunal in relation to any local or other authority or corporation [or society], being a suit or proceeding the cause of action whereon it is based is such that it would have been, if it had arisen after the said date, within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal:

Provided that nothing in this sub-section shall apply to any appeal pending as aforesaid before a High Court.

Explanation : For the purposes of this sub-section “date with effect from which jurisdiction is conferred on a Tribunal”, in relation to any local or other authority or corporation [or society], means the date with effect from which the provisions of sub-section (3) of section 14 or, as the case may be, sub-section (3) of section 15 are applied to such local or other authority or corporation [or society].

3. Where immediately before the date of establishment of a Joint Administrative Tribunal any one or more of the States for which it is established, has or have a State Tribunal or State Tribunals, all cases pending before such State Tribunal or State Tribunals immediately before the said date together with the records thereof shall stand transferred on that date to such Joint Administrative Tribunal.

Explanation : For the purposes of this sub-section, “State Tribunal” means a Tribunal established under sub-section (2) of section 4.

4. Where any suit, appeal or other proceeding stands transferred from any court or other authority to a Tribunal under sub-section (1) or sub-section (2), -

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

(b) the Tribunal may, on receipt of such records, proceed to deal with such suit, appeal or other proceeding, so far as may be, in the same manner as in the case of an application under section 19 from the stage which was reached before such transfer or from any earlier stage or de novo as the Tribunal may deem fit.

5. Where any case stand transferred to a Joint Administrative Tribunal under sub-section(3), the Joint Administrative Tribunal may proceed to deal with such case from the stage which was reached before it stood so transferred.

6. Every case pending before a Tribunal immediately before the commencement of the Administrative Tribunals (Amendment) Act, 1987, being a case the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of any court, shall, together with the records thereof, stand transferred on such commencement to such court.

7. Where any case stands transferred to a court under sub-section (6), that court may proceed to deal with such case from the stage which was reached before it stood so transferred.

 

 

 

CAT ACT 1985

Section 21 of CAT Act 1985 - Limitation

Section 22 of CAT Act 1985 - Procedure and powers of Tribunals

Section 23 of CAT Act 1985 - Right of applicant to take assistance of legal practitioner and of Government, etc., to appoint presenting officers

Section 24 of CAT Act 1985 - Conditions as to making of interim orders

Section 25 of CAT Act 1985 - Power of Chairman to transfer cases from one Bench to another

Section 26 of CAT Act 1985 - Decision to be by majority

Section 27 of CAT Act 1985 - Execution of orders of a Tribunal

MISCELLANEOUS

Section 28 of CAT Act 1985 - Exclusion of jurisdiction of courts except the Supreme Court

Section 29 of CAT Act 1985 - Transfer of pending cases

Section 29A of CAT Act 1985 - Provisions for filing of certain appeals

Section 30 of CAT Act 1985 - Proceedings before a Tribunal to be judicial proceedings

Section 31 of CAT Act 1985 - Members and staff of Tribunal to be public servants

Section 32 of CAT Act 1985 - Protection of action taken in good faith

Section 33 of CAT Act 1985 - Act to have overriding effect

Section 34 of CAT Act 1985 - Power to remove difficulties

Section 35 of CAT Act 1985 - Power of the Central Government to make rules

Section 36 of CAT Act 1985 - Power of the appropriate Government to make rules

Section 36A of CAT Act 1985 - Power to make rules retrospectively

Section 37 of CAT Act 1985 - Laying of rules

 

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