An Act to provide for the continuance of certain legal proceedings by or against the Secretary of State.
[3rd September, 1948.]
WHEREAS it is expedient to provide for the continuance of certain legal proceedings by or against the Secretary of State in respect of any right of India or any part of India which were pending immediately before the 15th day of August, 1947;
It is hereby enacted as follows:-
1.Short title and extent.
1. Short title and extent.-(1) This Act may be called the
Continuance of Legal Proceedings Act, 1948.(2) It extends to 2*[the whole of India except 3*[the territories which, immediately before the 1st November, 1956, were comprised in
Part B States.]]
2.Interpretation.
2. Interpretation.-In this Act, “the appointed day” means the
15th day of August, 1947.3.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
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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 Governors Province other than Bengal, the
Punjab, the North-West Frontier Province or Sind, be continued by or against that Province.
4.Exclusion of time in computing period of limitation.
4. Exclusion of time in computing period of limitation.-In computing the period of limitation prescribed for any appeal or application to a Court in respect of any such proceedings as aforesaid, the period from the appointed day up to the 28th day of
May, 1948 shall be excluded.
5.Repeal.
5. Repeal.-(1) The Continuance of Legal Proceedings Ordinance,
1948 (12 of 1948) is hereby repealed.
(2) Anything done or any action taken in exercise of any powers conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act had commenced on the 28th day of May, 1948.
