Bare Acts

PART IV HIGH COURT


13. Common High Court for Assam and Nagaland.—(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 Nagaland (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.
14. Provision as to Advocates.—(1) As from the appointed day,—
(a) in the Advocates Act, 1961 (25 of 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.
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(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 enrolment as advocates.
15. Practice and procedure in common 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 Assam shall, with necessary modifications, apply in relation to the common High Court.
16. Custody of Seal of common High Court.—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.
17. 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 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.
18. Powers of Judges.—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.
19. Principal seat of 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.
20. 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 Assam and the Judges and
division courts thereof shall, with necessary modifications, apply in relation to the common High Court.
21. Pending suits, appeals and proceedings.—All suits, appeals and proceedings, civil, criminal or
otherwise, pending in 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. 

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