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CONTINUANCE OF LEGAL PROCEEDINGS ACT, 1950

Act No. XI of 1950

 

[23rd January, 1950]

 

An Act to provide for the continuance of certain legal proceedings by or against the Secretary of State.

         

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 Pakistan or any pat thereof which were pending immediately before the fifteenth day of August, 1947;

          It is hereby enacted as follows:–

 

          1.         Short title, extent and commencement. (1) This Act may be called the Continuance of legal Proceedings Act, 1950.

          (2)      It extends to the whole of Pakistan.

          (3)      It shall come into force at once.

 

          2.         Interpretation. In this Act “the appointed day” means the fifteenth day of August, 1947, and “the Act” means the Indian Independence Act, 1947.

 

          3.         Continuance of legal proceedings. Any legal proceedings by or against the secretary of state which immediately before the appointed day were pending in any court within the territories which, as from the appointed day, became the territories of Pakistan by virtue of sub-section (2) of section 2 of the Act and were in respect of any right in Pakistan or any part thereof shall–

(i)       if the right in question was that of the Governor-General-in-Council, be continued by or against Pakistan;

(ii)      if the right in question was that of East Bengal, be continued by or against East Pakistan; and

(iii)     if the right in question was that of the Punjab, Sind, North-West Frontier, Baluchistan or the Karachi Division be continued by or against West Pakistan.

 

          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 to the commencement of this Act shall be excluded.   

 

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