Section 40 in Uttarakhand Benami Transactions (Prohibition) Act, 2016
40. Transfer of pending cases.
(1)Every suit or proceeding in respect of a benami transaction pending in any court (other than the High Court) or Tribunal or before any authority on the date of the commencement of this Act Shall stand transferred to the Appellate Tribunal or the Adjudicating Authority, as the case may be, referred to in this Act having jurisdiction in the matter.(2)Where any suit, or other proceeding stands transferred from any court (other than High Court) or Tribunal or other authority to the Appellate Tribunal under sub-section (I), -(a)the court, Tribunal or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the Appellate Tribunal;(b)the Appellate Tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so as may be, in the same manner as in the case of a reference made under sub-section (5) of Section 15, from the stage which was reached before such transfer or from any earlier stage or de novo as the Appellate Tribunal may deem fit.
