Bare Acts

PART IV HIGH COURTS


18. Extension of jurisdiction of, and transfer of proceedings to, Andhra Pradesh High
Court.—(1) Except as hereinafter provided,—
(a) the jurisdiction of the High Court of Andhra Pradesh shall, as from the appointed day, extend
to the territories specified in the First Schedule; and
(b) the High Court at Madras shall, as from that day, have no jurisdiction in respect of the said
territories.
(2) Such proceedings pending in the High Court at Madras 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
of Andhra Pradesh shall, as soon as may be after such certification, be transferred to the High Court of
Andhra Pradesh.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided,
the High Court at Madras shall have, and the High Court of Andhra Pradesh 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 Madras before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court at Madras, it appears
to the Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra
Pradesh, 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 Madras—
(a) before the appointed day in any proceedings transferred to the High Court of Andhra Pradesh
by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by
virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High Court at Madras, but also as an order
made by the High Court of Andhra Pradesh.
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(5) Subject to any rule made or direction given by the High Court of Andhra Pradesh, any such
person who immediately before the appointed day is an advocate entitled to practise in the High Court at
Madras as may be specified in this behalf by the Chief Justice of the High Court of Andhra Pradesh
having regard to the transfer of territories from the State of Madras to the State of Andhra Pradesh, shall
be recognised as an advocate entitled to practise in the High Court of Andhra Pradesh.
19. Extension of jurisdiction of, and transfer of proceedings to, Madras High Court.—(1) Except
as hereinafter provided,—
(a) the jurisdiction of the High Court at Madras shall, as from the appointed day, extend to the
territories specified in the Second Schedule; and
(b) the High Court of Andhra Pradesh shall, as from that day, have no jurisdiction in respect of
the said territories.
(2) Such proceedings pending in the High Court of Andhra Pradesh immediately before the appointed
day as are certified by the Chief Justice of the 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 Madras shall, as soon as may be after such certification, be transferred to the High Court at
Madras.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided,
the High Court of Andhra Pradesh shall have, and the High Court at Madras 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 Andhra Pradesh before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court of Andhra Pradesh,
it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at
Madras, 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 Andhra Pradesh—
(a) before the appointed day in any proceedings transferred to the High Court at Madras by virtue
of sub-section (2), or
(b) in any proceedings with respect to which the High Court of Andhra Pradesh retains
jurisdiction by virtue of sub-section (3),
shall, for all purposes, have effect, not only as an order of the High Court of Andhra Pradesh, but also as
an order made by the High Court of Madras.
(5) Subject to any rule made or direction given by the High Court at Madras, any such person who
immediately before the appointed day is an advocate entitled to practise in the High Court of Andhra
Pradesh as may be specified in this behalf by the Chief Justice of the High Court at Madras having regard
to the transfer of territories from the State of Andhra Pradesh to the State of Madras, shall be recognised
as an advocate entitled to practise in the High Court at Madras.
20. Right to appear or act in any proceedings transferred under section 18 or section 19.—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 Andhra Pradesh or the High Court at Madras and was authorised to
appear or to act in any proceedings transferred under section 18 or section 19 shall have the right to
appear, or to act, as the case may be, in the High Court to which the proceedings have been transferred, in
relation to those proceedings.
21. Interpretation.—For the purposes of sections 18 and 19,—
(a) proceedings shall be deemed to be pending in the High Court of Andhra Pradesh or the High
Court at Madras until that Court has disposed of all issues between the parties, including any issue
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;
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(b) references to the High Court of Andhra Pradesh or the High Court at Madras 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. 

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