Indian Independence Pakistan Courts (Pending Proceedings) Act, 1952

The Indian Independence Pakistan Courts Act, 1952 came into existence to render specific orders or decree ineffective which were then passed or ordered by the Pakistani Courts against the Indian Government and to provide an alternate remedy to the ones who have secured such orders or decrees.

1. Definitions - there are certain words in this Act which will have the only meaning as stated below:

1. The expression “ decree to which this Act applies” will mean any judgement, decree or order as in referred to as –

1. Clause (3) of Art. 4 of the Indian Independence (Legal Proceedings) Order, 1947
2. paragraph (5) or paragraph (6) of Article 13 of the High Courts (Bengal) Order, 1947, or
3. paragraph (4) or paragraph (6) of Article 13 of the High Courts (Punjab) Order, 1947, which has been or may hereafter be passed by a Court in Pakistan and which imposes any liability or obligation on a Government in India.

Section 3: Certain Pakistani Decrees which are not to be given effect to in India – Not considering anything mentioned or contained in any of the orders mentioned in Schedule 2, none of the decrees to which this Act is applicable shall be given effect to by any Court or authority in India in so far as such decree imposes any liability or obligation on any Government in India.

Section 4: Right of holder of a decree to which this Act applies to institute fresh proceedings in India – No considering herewith anything mentioned in schedule 3 of the Indian Limitation Act, 1908, any person on whom such a decree has been passed may, within one year of the commencement of this Act, or one year from the decree’s date, or whichever is later, should institute a fresh suit or another legal proceeding in connection with the cause of action on which such decree was based or any other lawsuit or legal proceeding notwithstanding anything contained in Section 20 of the Code of Criminal Procedure, 1908 or any other law or in any agreements to the contrary relating to the place of suing, be instilled or instituted in any court otherwise competent to try it, within the local limits of whose jurisdiction the person initiating it voluntarily resides or works for personal gain or carries on his business.

Section 5: Repeal of Ordinance VI of 1951 -

This states that if there is any other law corresponding to any of the Acts of Ordinances which are extended to that State, is in force in any Part B state before the appointment day. That law shall save as otherwise expressly provided in this Act stand repealed. Provided that the repeal should not affect:

1. the previous operation of any law which is so repealed or anything duly done or suffered thereunder, or
2. any right, privilege, obligation or liability that is acquired, accrued or incurred under any law which is so repealed, or
3. any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or
4. any investigation, legal proceeding or remedy in the relation of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such other penalty, forfeiture or punishment may be imposed as if this Act had not been passed:

Provided that, subject to the preceding provision, anything which has been done or action which has been taken under any such law shall be deemed to have been done or accepted under the corresponding provision of the Act or Ordinance as now extended to the State and shall continue to be in action accordingly, unless superseded by anything is done or any activity under the said Act or ordinance.

This Section has been Repealed by the Repealing and Amending Act, 1957 (36 of 1957), Section 2 and Sch. I (17-9-1957).