Transfer of pending benami cases shifts ongoing proceedings to the appropriate authority with record forwarding and fresh or continued hearing options. Pending suits and proceedings relating to benami transactions before any court other than a High Court, tribunal, or other forum at commencement stand transferred to the Adjudicating Authority or Appellate Tribunal having jurisdiction. The original forum must forward the records, and the receiving authority may proceed from the stage reached before transfer, from an earlier stage, or de novo, as it considers fit, in the same manner as a reference under the relevant procedure.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transfer of pending benami cases shifts ongoing proceedings to the appropriate authority with record forwarding and fresh or continued hearing options.
Pending suits and proceedings relating to benami transactions before any court other than a High Court, tribunal, or other forum at commencement stand transferred to the Adjudicating Authority or Appellate Tribunal having jurisdiction. The original forum must forward the records, and the receiving authority may proceed from the stage reached before transfer, from an earlier stage, or de novo, as it considers fit, in the same manner as a reference under the relevant procedure.
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