Indian Bare Acts

Search Alphabatically :

THE UTTAR PRADESH REORGANISATION ACT, 2000

Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART IV

HIGH COURT


26.High Court of Uttaranchal.


26. High Court of Uttaranchal.-(1) As from the appointed day, there shall be a separate High Court for the State of Uttaranchal
(hereinafter referred to as "the High Court of Uttaranchal") and the
High Court of Judicature at Allahabad shall become the H gh Court for the State of Uttar Pradesh (hereinafter referred to as the High Court at Allahabad).

(2) The principal seat of the High Court of Uttaranchal 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 Uttaranchal may sit at such other place or places in the State of Uttaranchal other than its principal seat as the Chief Justice may, with the pproval of the
Governor of Uttaranchal, appoint.


27.Judges of Uttaranchal High Court.


27. Judges of Uttaranchal High Court.-(1) Such of the Judges of the
High Court at Allahabad 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 Allahabad and ecome, Judges of the High Court of Uttaranchal.

(2) The persons who by virtue of sub-section (1) become Judges of the
High Court of Uttaranchal 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 at Allahabad.


28.Jurisdiction of Uttaranchal High Court.


28. Jurisdiction of Uttaranchal High Court.-The High Court of
Uttaranchal shall have, in respect of any part of the territories included in the State of Uttaranchal, all such jurisdiction, powers and authority as, under the law in force immediately befor the appointed day, are exercisable in respect of that part of the said territories by the High Court at Allahabad.


29.Special provision relating to Bar Council and advocates.


29. Special provision relating to Bar Council and advocates.-(1) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), in clause (a), for the words "and
Uttar Pradesh", the words "Uttar Pradesh and Utt ranchal" shall be substituted.

(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Uttar Pradesh may give his option in writing, within one year from the appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Uttaranchal and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on he roll of the Bar Council of Uttaranchal with effect from the date of the option so given for the purposes of the said Act and the rules made thereunder.

(3) The persons other than the advocates who are entitled immediately before the appointed day, to practise in the High Court at Allahabad or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the
High Court of Uttaranchal or any subordinate court thereof, as the case may be.

(4) The right of audience in the High Court of Uttaranchal 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 at Allahabad.


30.

Practice and procedure in Uttaranchal High Court.


30. Practice and procedure in Uttaranchal 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 at Allahabad shall, with the necessary modificati ns, apply in relation to the High Court of Uttaranchal, and accordingly, the High
Court of Uttaranchal 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 t e High Court at Allahabad:

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 at Allahabad shall, until varied or revoked by rules or orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to practice and procedure in the High Court of Uttaranchal as if made by that Court.


31.Custody of seal of Uttaranchal High Court.


31. Custody of seal of Uttaranchal High Court.-The law in force immediately before the appointed day with respect to the custody of the seal of the High Court at Allahabad shall, with the necessary modifications, apply with respect to the custody of the eal of the
High Court of Uttaranchal.


32.Form of writs and other processes.


32. 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 at Allahabad shall, with the necessary modifications, apply with espect to the form of writs and other processes used, issued or awarded by the High Court of Uttaranchal.


33.Powers of Judges.


33. Powers 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 at Allahabad and with respect to all matters ancillary to the exercise of those p wers shall, with the necessary modifications, apply in relation to the High
Court of Uttaranchal.


34.Procedure as to appeals to Supreme Court.


34. 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 at Allahabad and the Judges and division courts thereof shall, with the necessary modificatio s, apply in relation to the High Court of Uttaranchal.


35.Transfer of proceedings from Allahabad High Court to Uttaranchal HighCourt.


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

(2) Such proceedings pending in the High Court at Allahabad 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 Uttaranchal shall, as soon as may be after such certification, be transferred to the High Court of Uttaranchal.

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 28, but save as hereinafter provided, the
High Court at Allahabad shall have, and the High Court of Uttaranchal shall not have, jurisdiction to entertain, he r or dispose of appeals, applications for leave 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 Allahabad before the appointed day:

Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it appears to the Chief Justice of that
High Court that they ought to be transferred to the High Court of
Uttaranchal, he shall order that they shall be so ransferred, and such proceedings shall thereupon be transferred accordingly.

(4) Any order made by the High Court at Allahabad-

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

(b) in any proceedings with respect to which the High Court at
Allahabad retains jurisdiction by virtue of sub-section (3), shall for all purposes have effect, not only as an order of the High Court at
Allahabad, but also as an order made by the High Court of Uttaranchal.


36.Right to appear or to act in proceedings transferred to UttaranchalHigh
Court.


36. Right to appear or to act in proceedings transferred to
Uttaranchal High Court.-Any person who, immediately before the appointed day, is an advocate entitled to practise or any other persons entitled to practise in the High Court at Allahabad and was authorised to appear in any proceedings transferred from that High
Court to the High Court of Uttaranchal under section 35, shall have the right to appear in the High Court of Uttaranchal in relation to those proceedings.


37.Interpretation.


37. Interpretation.-For the purposes of section 35-

(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 o appeal to the
Supreme Court, applications for review, petitions for revision and petitions for writs; and

(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 m de by that court or Judge.


38.Savings.


38. Savings.-Nothing in this Part shall affect the application to the
High Court of Uttaranchal 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 t that High Court by any
Legislature or other authority having power to make such provision.


PART

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
Last updated on May, 2015
Title : THE UTTAR PRADESH REORGANISATION ACT, 2000

Year : 1962




PART IV

HIGH COURT


26.High Court of Uttaranchal.


26. High Court of Uttaranchal.-(1) As from the appointed day, there shall be a separate High Court for the State of Uttaranchal
(hereinafter referred to as "the High Court of Uttaranchal") and the
High Court of Judicature at Allahabad shall become the H gh Court for the State of Uttar Pradesh (hereinafter referred to as the High Court at Allahabad).

(2) The principal seat of the High Court of Uttaranchal 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 Uttaranchal may sit at such other place or places in the State of Uttaranchal other than its principal seat as the Chief Justice may, with the pproval of the
Governor of Uttaranchal, appoint.


27.Judges of Uttaranchal High Court.


27. Judges of Uttaranchal High Court.-(1) Such of the Judges of the
High Court at Allahabad 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 Allahabad and ecome, Judges of the High Court of Uttaranchal.

(2) The persons who by virtue of sub-section (1) become Judges of the
High Court of Uttaranchal 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 at Allahabad.


28.Jurisdiction of Uttaranchal High Court.


28. Jurisdiction of Uttaranchal High Court.-The High Court of
Uttaranchal shall have, in respect of any part of the territories included in the State of Uttaranchal, all such jurisdiction, powers and authority as, under the law in force immediately befor the appointed day, are exercisable in respect of that part of the said territories by the High Court at Allahabad.


29.Special provision relating to Bar Council and advocates.


29. Special provision relating to Bar Council and advocates.-(1) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961), in section 3, in sub-section (1), in clause (a), for the words "and
Uttar Pradesh", the words "Uttar Pradesh and Utt ranchal" shall be substituted.

(2) Any person who immediately before the appointed day is an advocate on the roll of the Bar Council of the existing State of Uttar Pradesh may give his option in writing, within one year from the appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council of Uttaranchal and notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and the rules made thereunder, on such option so given his name shall be deemed to have been transferred on he roll of the Bar Council of Uttaranchal with effect from the date of the option so given for the purposes of the said Act and the rules made thereunder.

(3) The persons other than the advocates who are entitled immediately before the appointed day, to practise in the High Court at Allahabad or any subordinate court thereof shall, on and after the appointed day, be recognised as such persons entitled also to practise in the
High Court of Uttaranchal or any subordinate court thereof, as the case may be.

(4) The right of audience in the High Court of Uttaranchal 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 at Allahabad.


30.

Practice and procedure in Uttaranchal High Court.


30. Practice and procedure in Uttaranchal 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 at Allahabad shall, with the necessary modificati ns, apply in relation to the High Court of Uttaranchal, and accordingly, the High
Court of Uttaranchal 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 t e High Court at Allahabad:

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 at Allahabad shall, until varied or revoked by rules or orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to practice and procedure in the High Court of Uttaranchal as if made by that Court.


31.Custody of seal of Uttaranchal High Court.


31. Custody of seal of Uttaranchal High Court.-The law in force immediately before the appointed day with respect to the custody of the seal of the High Court at Allahabad shall, with the necessary modifications, apply with respect to the custody of the eal of the
High Court of Uttaranchal.


32.Form of writs and other processes.


32. 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 at Allahabad shall, with the necessary modifications, apply with espect to the form of writs and other processes used, issued or awarded by the High Court of Uttaranchal.


33.Powers of Judges.


33. Powers 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 at Allahabad and with respect to all matters ancillary to the exercise of those p wers shall, with the necessary modifications, apply in relation to the High
Court of Uttaranchal.


34.Procedure as to appeals to Supreme Court.


34. 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 at Allahabad and the Judges and division courts thereof shall, with the necessary modificatio s, apply in relation to the High Court of Uttaranchal.


35.Transfer of proceedings from Allahabad High Court to Uttaranchal HighCourt.


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

(2) Such proceedings pending in the High Court at Allahabad 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 Uttaranchal shall, as soon as may be after such certification, be transferred to the High Court of Uttaranchal.

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 28, but save as hereinafter provided, the
High Court at Allahabad shall have, and the High Court of Uttaranchal shall not have, jurisdiction to entertain, he r or dispose of appeals, applications for leave 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 Allahabad before the appointed day:

Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it appears to the Chief Justice of that
High Court that they ought to be transferred to the High Court of
Uttaranchal, he shall order that they shall be so ransferred, and such proceedings shall thereupon be transferred accordingly.

(4) Any order made by the High Court at Allahabad-

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

(b) in any proceedings with respect to which the High Court at
Allahabad retains jurisdiction by virtue of sub-section (3), shall for all purposes have effect, not only as an order of the High Court at
Allahabad, but also as an order made by the High Court of Uttaranchal.


36.Right to appear or to act in proceedings transferred to UttaranchalHigh
Court.


36. Right to appear or to act in proceedings transferred to
Uttaranchal High Court.-Any person who, immediately before the appointed day, is an advocate entitled to practise or any other persons entitled to practise in the High Court at Allahabad and was authorised to appear in any proceedings transferred from that High
Court to the High Court of Uttaranchal under section 35, shall have the right to appear in the High Court of Uttaranchal in relation to those proceedings.


37.Interpretation.


37. Interpretation.-For the purposes of section 35-

(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 o appeal to the
Supreme Court, applications for review, petitions for revision and petitions for writs; and

(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 m de by that court or Judge.


38.Savings.


38. Savings.-Nothing in this Part shall affect the application to the
High Court of Uttaranchal 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 t that High Court by any
Legislature or other authority having power to make such provision.


PART

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES
Last updated on May, 2015

Find a Lawyer

Legal Hall of Fame

The current Legal Luminaries of India, the credible names in the legal circle along with those who would be the leading stars of the next decade. These are some of the reliable names in field of law. Nominate the Legal Stars of tomorrow

More

Recent Judgment


Sudha Mishra vs. Surya Chandra Mishra( R.F.A 299 of 2014

The Hon'ble High Court of Delhi in Sudha Mishra vs. Surya Chandra Mishra (R.F.A 299 of 2014)has ruled that a woman has a right over the property of her husband but she cannot claim a right to live in the house of her parents-in-law

More

Bare Acts

Helpline Law provides a user friendly compendium of Indian Law & Bare Acts. Get a complete list & detail of Indian Bare Acts, with amendments and repeals. It comes with easy-to-use features like Search by bare acts & by year. You can even email the information to yourself!

More

Have a Legal Matter ?
Need a Lawyer?

Have a Legal Matter ?

Need a Lawyer?

Male
Female