Orphanages and Other Charitable Homes (Supervision and Control) Act,1960

Act No : 10

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Section : Transfer of pending proceedings.

92. Transfer of pending proceedings. (1) Every proceeding pending immediately before the appointed day before a court (other than a High Court), tribunal, authority or officer in any area which on that day falls within the State of Maharashtra shall, if it is a proceeding relating exclusively to the transferred territory, stand transferred to the corresponding court, tribunal, authority or officer in the State of Gujarat. (2) If any question arises as to whether any proceeding should stand transferred under sub-section (1), it shall be referred to the High Court at Bombay and the decision of that High Court shall be final. (3) In this section-- (a) "proceeding" includes any suit, case or appeal; and (b) "corresponding court, tribunal, authority or officer" in the State of Gujarat means-- (i) the court, tribunal, authority or officer in which, or before whom, the proceeding would have lain if it had been instituted after the appointed day; or (ii) in case of doubt, such court, tribunal, authority, or officer in that State, as may be determined after the appointed day by the Government of that State, or before the appointed day by the Government of Bombay, to be the corresponding court, tribunal, authority or officer.

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