Kartar Kaur vs State Of Haryana And Ors. on 15 December, 1984
All what it does is, it re-hears the cause as it was in the Court of the first instance. There is no vacuum to fill, for it is a continuous process till the proceedings come to finality. The view of the Financial Commissioner equally has no legal basis that factually proceedings must be pending immediately before the commencement of the Act, for, proceedings in contemplation in exercise of the rights conferred under the law, are also within the compass of that expression. I am in respectful agreement with the view expressed by R. N. Mittal, J. in Chanan Mal Newar's case, (AIR 1977 Punj & Har 34) (supra) and by I. S. Tiwana, J. in Ishar Singh's case, (AIR 1981 NOC 182) (supra) for the foregoing discussion.