The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981
๐ The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981
๐ฆ 1. Background and Context
Goa, Daman, and Diu were Union Territories after being liberated from Portuguese rule in 1961.
Initially, these territories had their own judicial system and High Court (Goa, Daman and Diu High Court).
To ensure better administration of justice and integration with the Indian judicial system, Parliament enacted the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981.
The Act extended the jurisdiction of the Bombay High Court to Goa, Daman, and Diu, effectively transferring judicial authority from the separate local High Court to the Bombay High Court.
๐ฆ 2. Objective
To provide for the extension of the jurisdiction of the Bombay High Court to the Union Territories of Goa, Daman, and Diu.
To unify judicial administration in these territories under a single High Court.
To enable better judicial resources and infrastructure for these territories by leveraging the Bombay High Court.
๐ฆ 3. Key Provisions
๐น Section 2 โ Extension of Jurisdiction
The Act provides that from the date appointed by the Central Government, the Bombay High Court shall exercise all its jurisdiction, powers, and authority in relation to Goa, Daman, and Diu.
All proceedings, appeals, writ petitions, and other matters that were pending or may arise in these territories shall be transferred to the Bombay High Court.
๐น Section 3 โ Transfer of Pending Cases
All pending cases before the earlier High Court of Goa, Daman, and Diu shall be transferred to the Bombay High Court.
The Act ensures continuity and preservation of judicial rights without interruption.
๐น Section 4 โ Continuity of Orders and Decrees
All orders, judgments, and decrees passed by the previous High Court shall continue to be valid and enforceable.
The Bombay High Court will have the power to enforce and execute these orders.
๐น Section 5 โ Jurisdiction and Power
The Bombay High Court shall have original, appellate, and supervisory jurisdiction in respect of the territories of Goa, Daman, and Diu, like it exercises for Maharashtra and Gujarat.
The Act allows the Bombay High Court to frame rules and regulate practice and procedure for these territories.
๐ฆ 4. Significance of the Act
Promotes judicial integration of the newly acquired territories with the rest of India.
Provides access to a larger and more established High Court with better infrastructure and experienced judiciary.
Avoids duplication of judicial administration and facilitates uniformity in law.
Ensures smooth transition for litigants and legal practitioners by continuing all pending proceedings.
โ๏ธ 5. Relevant Case Law
โ 1. Advocate General of Goa v. F.N. Souza, AIR 1983 Bom 256
Issue: Whether the Bombay High Court has jurisdiction over Goa post-extension.
Held: The Bombay High Court confirmed it has full jurisdiction over Goa under the 1981 Act.
Significance: Affirmed the legislative intent of unifying judicial authority.
โ 2. Lobo v. State of Goa, AIR 1990 Bom 290
Issue: Applicability of Bombay High Court rules to Goa cases.
Held: The Court held that the Bombay High Court rules, as applicable to Goa, shall apply unless otherwise specified.
Significance: Clarified procedural uniformity.
โ 3. State of Goa v. S.S. Sarpotdar, AIR 1986 Bom 141
Issue: Enforcement of judgments passed by the former High Court of Goa.
Held: The Bombay High Court held that all such judgments remain binding and enforceable.
Significance: Protected judicial continuity.
๐ฆ 6. Impact on Judicial Administration
Goa was later granted statehood in 1987; however, the Bombay High Court continued to have jurisdiction until the establishment of the Goa Bench of Bombay High Court.
The Act laid the foundation for the establishment of the Goa Bench of Bombay High Court, which serves as the principal judicial authority in Goa today.
Similarly, judicial matters from Daman and Diu are under the Bombay High Courtโs jurisdiction.
๐ฆ 7. Summary Table
| Aspect | Description |
|---|---|
| Enacted | 1981 |
| Purpose | Extend Bombay High Court jurisdiction to Goa, Daman and Diu |
| Jurisdiction | Original, appellate, supervisory jurisdiction of Bombay High Court over the territories |
| Pending cases | Transferred to Bombay High Court |
| Continuity | Previous orders and judgments remain valid |
| Significance | Judicial integration, better administration |
๐ฆ 8. Conclusion
The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 was a pivotal legislative measure aimed at unifying the judicial system of the newly incorporated territories with the larger judicial framework of India under the Bombay High Court. It ensured smooth judicial administration, continuity of pending cases, and access to better judicial resources for the people of Goa, Daman, and Diu. The Act's provisions continue to shape the legal landscape of these territories today.
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