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THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956

Title : THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956

Year : 1956



(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) Such proceedings pending 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) 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) 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.



Any person who immediately before the appointed day is an advocate entitled to practise in the High Court at Patna and was authorized to appear in any proceedings transferred from that High
Court to the High Court at Calcutta under section 17 shall have the right to appear in the High Court at Calcutta in relation to those proceedings.



For the purposes of sections 17 and 18,-

(a) Proceedings shall be deemed to be pending in the High Court at Patna until that Court has disposed of all issues between the parties, including any issues with respect to the taxation of the costs of the proceedings and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, petitions for revision and petitions for writs;

(b) References to a High Court shall be construed as including references to a Judge or Division Court thereof, and references to an order made by a Court or a Judge shall be construed as including references to a sentence, judgment or decree passed or made by that Court or Judge.
Last updated on September, 2016

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