Continuance of Legal Proceedings Act,1948

Act No : 38

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Section : Continuance of legal proceedings.

3. Continuance of legal proceedings.-Any legal proceedings which, immediately before the appointed day,- (a) were pending by or against the Secretary of State in any Court within the territories which as from the appointed day became the territories of India by virtue of sub-section (1) of section 2 of the Indian Independence Act, 1947 (10 and 11 Geo. 6, c. 30), and (b) were in respect of any right of India or any part of India, shall- (i) if the right in question was that of the Governor-General in Council be continued by or against the Dominion of India; (ii) if the right in question was that of the former Province of Bengal or the Punjab, be continued by or against the Province of West Bengal or East Punjab, as the case may be; and --------------------------------------------------------------------- 1 This Act, except s. 1 (2), is to remain unmodified by the A. O. 1950. 2 Subs., ibid., for "all the Provinces of India". 3 Subs. by the Adaptation of Laws (No. 3) Order, 1956, for "Part B States". 562 (iii) if the right in question was that of any Governor's Province other than Bengal, the Punjab, the North-West Frontier Province or Sind, be continued by or against that Province.

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