Armed Forces Tribunal Act 2007
34. Transfer of
pending cases
1.
Every
suit, or other proceeding pending before any court including a High Court or
other authority immediately before the date of establishment of the Tribunal
under this Act, being a suit or proceeding the cause of action whereon it is
based, is such that it would have been within the jurisdiction of the Tribunal,
if it had arisen after such establishment within the jurisdiction of such
Tribunal, stand transferred on that date to such Tribunal.
2.
Where
any suit, or other proceeding stands transferred from any court including a
High Court or other authority to the Tribunal under sub-section (1),-
a. the court or other
authority shall, as soon as may be, after such transfer, forward the records of
such suit, or other proceeding to the Tribunal;
b. the Tribunal may, on
receipt of such records, proceed to deal with such suit, or other proceeding,
so far as may be, in the same’ manner as in the case of an application made
under sub-section (2) of section 14, from the stage which was reached before
such transfer or from any earlier stage or de novo as the Tribunal may deem
fit.