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THE STATE OF NAGALAND ACT, 1962

Title : THE STATE OF NAGALAND ACT, 1962

Year : 1962



(1) As from the appointed day,-

(a) There shall be a common High Court for the State of Assam and the State of Nagaland to be called the High Court of Assam and Nagaland1(hereinafter referred to as the common High Court);

(b) The Judges of the High Court of Assam holding office immediately before that day shall, unless they have elected otherwise, become on that day the Judges of the common High Court.

(2) Expenditure in respect of the salaries and allowances of the Judges of the common High Court shall be allocated between the State of Assam and the State of Nagaland in such proportion as the President may by order determine.

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1. A new High Court called the Gauhati High Court has been created which is a Common High Court for the States of Assam, Nagaland, Meghalaya, Manipur and Tripura.

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(1) As from the appointed day,-

(a) In the Advocates Act, 1961, in section 3, in sub-section (1), for clause (b), the following clause shall be substituted, namely :—

"(b) For the States of Assam and Nagaland and the Union Territory of Manipur, to be known as the Bar Council of Assam and Nagaland;";

(b) The Bar Council of Assam shall be deemed to be the Bar Council of Assam and Nagaland.

(2) Any person who immediately before the appointed day is an advocate entitled to practise in the High Court of Assam shall be entitled to practise as an advocate in the common High Court.

(3) All persons who immediately before the appointed day are advocates on the roll of the Bar Council of Assam shall as from that day become advocates on the roll of the Bar Council of Assam and Nagaland.

(4) The right of audience in the common High Court shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to the right of audience in the High Court of Assam;

Provided that as between the Advocate-General of Assam and the Advocate-General of Nagaland the right of audience shall be determined with reference to their respective dates of enrollment as advocates.



Subject to the provisions of this Part, the law in force immediately before the appointed day1*with respect to practice and procedure in the High Court of Assam shall, with necessary modifications, apply in relation to the common High Court.

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1. That is, 1-12-1963.

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The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Assam shall, with necessary modifications, apply with respect to the custody of the Seal of the common High Court.



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 Assam shall, with necessary modifications, apply with respect to the form of writs and other processes used, issued or awarded by the common High Court.



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



The principal seat of the common High Court shall, unless otherwise determined by the Chief Justice after consultation with the Governors of Assam and Nagaland, be at the same place as the principal seat of the High Court of Assam immediately before the appointed day.



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



All suits, appeals and proceedings, civil, criminal or otherwise, pending to the High Court of Assam immediately before the appointed day shall, on that day, stand removed to the common High Court and the common High Court shall have jurisdiction to hear and determine the same, and the judgments, decrees, sentences and orders of the High Court of Assam delivered, passed or made before the appointed day shall have the same force and effect as if they had been delivered, passed or made by the common High Court.




Last updated on May, 2016

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