Vidhi Codex

section 17

Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court.

The Bihar and West Bengal (Transfer of Territories) Act, 1956
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Part IV HIGH COURTS

Statutory text
  1. (1) Except as hereinafter provided,—
    • (a) the jurisdiction of the High Court at Calcutta shall, as from the appointed day, extend to the transferred territories; and
    • (b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the transferred territories.
  2. (2) Such proceeding spending in the High Court at Patna immediately before the appointed day as are certified by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court at Calcutta shall, as soon as may be after such certification, be transferred to the High Court at Calcutta.
  3. (3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court at Patna shall have, and the High Court at Calcutta shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings, where any such proceedings seek any relief in respect of any order passed by the High Court at Patna before the appointed day: Provided that if, after such proceedings have been entertained by the High Court at Patna, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Calcutta, he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly.
  4. (4) Any order made by the High Court at Patna—
    • (a) before the appointed day in any proceedings transferred to the High Court at Calcutta by virtue of sub-section (2) or
    • (b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the High Court at Patna, but also as an order made by the High Court at Calcutta.

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