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THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Title : THE ORPHANAGES AND OTHER CHARITABLE HOMES (SUPERVISION AND CONTROL)

Year : 1962


PART IV

HIGH COURTS

28.High Court for Gujarat.

28. High Court for Gujarat. (1) As from the appointed day, there shall be a separate High Court for the State of Gujarat (hereinafter referred to as "the High Court of Gujarat") and the High Court of
Bombay shall become the High Court for the State of Maharashtra
(hereinafter referred to as the High Court at Bombay).

(2) The principal seat of the High Court of Gujarat shall be at such place as the President may, by notified order, appoint.

(3) Notwithstanding anything contained in sub-section (2), the
Judges and division courts of the High Court of Gujarat may sit at such other place or places in the State of Gujarat other than its principal seat as the Chief Justice may, with the approval of the
Governor of Gujarat, appoint.

29.Judges of Gujarat High Court.

29. Judges of Gujarat High Court. (1) Such of the Judges of the
High Court of Bombay holding office immediately before the appointed day as may be determined by the President shall on that day cease to be Judges of the High Court at Bombay and become Judges of the High
Court of Gujarat.

(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Gujarat shall, except in the case where any such person is appointed to be the Chief Justice of that High Court, rank in that Court according to the priority of their respective appointments as Judges of the High Court of Bombay.

30.
Jurisdiction of Gujarat High Court.

30. Jurisdiction of Gujarat High Court. The High Court of Gujarat shall have, in respect of any part of the territories included in the
State of Gujarat, all such jurisdiction, powers and authority as, under the law in force immediately before the appointed day, are exercisable in respect of that part of the said territories by the
High Court of Bombay.

31.Power to enrol advocates, etc.

31. Power to enrol advocates, etc. (1) The High Court of Gujarat shall have the like powers to approve, admit, enrol, remove and suspend advocates and attorneys, and to make rules with respect to advocates and attorneys, as are, under the law in force immediately before the appointed day, exercisable by the High Court of Bombay.

(2) The right of audience in the High Court of Gujarat shall be regulated in accordance with the like principles as, immediately

587.before the appointed day, are in force with respect to the right of audience in the High Court of Bombay:

Provided that, subject to any rule made or direction given by the
High Court of Gujarat in exercise of the powers conferred by this section, any person who immediately before the appointed day is an advocate entitled to practise, or an attorney entitled to act, in the
High Court of Bombay shall be recognised as an advocate or an attorney entitled to practise or to act, as the case may be, in the High Court of Gujarat.

32.Practice and procedure in Gujarat High Court.

32. Practice and procedure in Gujarat High Court. Subject to the provisions of this Part, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Bombay shall, with the necessary modifications, apply in relation to the High Court of Gujarat, and accordingly, the High Court of
Gujarat shall have all such powers to make rules and orders with respect to practice and procedure as are immediately before the appointed day exercisable by the High Court of Bombay:

Provided that any rules or orders which are in force immediately before the appointed day with respect to practice and procedure in the
High Court of Bombay shall, until varied or revoked by rules or orders made by the High Court of Gujarat, apply with the necessary modifications in relation to practice and procedure in the High Court of Gujarat as if made by that Court.

33.Custody of seal of Gujarat High Court.

33. Custody of seal of Gujarat High Court. The law in force immediately before the appointed day with respect to the custoday of the seal of the High Court of Bombay shall, with the necessary modifications, apply with respect to the custoday of the seal of the
High Courd of Gujarat.

34.Form of writs and other processes.

34. Form of writs and other processes. The law in force immediately before the appointed day with respect to the form of writs and other processes used, issued or awarded by the High Court of
Bombay shall, with the necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the
High Court of Gujarat.

35.Powers of Judges.

35. Power of Judges. The law in force immediately before the appointed day relating to the powers of the Chief Justice, single
Judges and division courts of the High Court of Bombay and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modifications, apply in relation to the High
Court of Gujarat.

588.36.Procedure as to appeals to Supreme Court.

36. Procedure as to appeals to Supreme Court. The law in force immediately before the appointed day relating to appeals to the
Supreme Court from the High Court of Bombay and the Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of Gujarat.

37.Transfer of proceedings from Bombay High Court to Gujarat High Court.

37. Transfer of proceedings from Bombay High Court to Gujarat
High Court. (1) Except as hereinafter provided, the High Court at
Bombay shall, as from the appointed day, have no jurisdiction in respect of the transferred territory.

(2) Such proceedings pending in the High Court of Bombay immediately before the appointed day as are certified, whether before or after that day, 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 of Gujarat shall, as soon as may be after such certification, be transferred to the High Court of Gujarat.

(3) Notwithstanding anything contained in sub-sections (1) and
(2) of this section or in section 30, but save as hereinafter provided, the High Court at Bombay shall have, and the High Court of
Gujarat 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 of Bombay before the appointed day:

Provided that if after any such proceedings have been entertained by the High Court at Bombay, it appears to the Chief Justice of that
High Court that they ought to be transferred to the High Court of
Gujarat, 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 of Bombay--

(a) before the appointed day, in any proceedings transferred to the High Court of Gujarat by virtue of sub-section
(2), or

(b) in any proceedings with respect to which the High Court at Bombay retains jurisdiction by virtue of sub-section
(3),

shall for all purposes have effect, not only as an order of the High
Court at Bombay, but also as an order made by the High Court of
Gujarat.

589.38.Right to appear or to act in proceedings transferred to Gujarat HighCourt.

38. Right to appear or to act in proceedings transferred to
Gujarat High Court. Any person, who, immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act, in the High Court of Bombay and was authorised to appear or to act in any proceedings transferred from that High Court to the High
Court of Gujarat under section 37, shall have the right to appear or to act, as the case may be, in the High Court of Gujarat in relation to those proceedings.

39.Interpretation.

39. Interpretation. For the purposes of section 37--

(a) proceedings shall be deemed to be pending in a court 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, judgement or decree passed or made by that court or Judge.

40.
Savings.

40. Savings. Nothing in this Part shall affect the application to the High Court of Gujarat of any provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on or after the appointed day with respect to that High Court by any
Legislature or other authority having power to make such provision.

41.Permanent Bench of Bombay High Court at Nagpur.

41. Permanent Bench of Bombay High Court at Nagpur. Without prejudice to the provisions of section 51 of the States Reorganisation
Act, 1956 (37 of 1956), such Judges of the High Court at Bombay, being not less than three in number, as the Chief Justice may from time to time nominate, shall sit at Nagpur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara, Chanda and Rajura:

Provided that the Chief Justice may, in his discretion, order that any case arising in any such district shall be heard at Bombay.

590

PART
AUTHORISATION OF EXPENDITURE
Last updated on May, 2015

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