17Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court
(1) Except as hereinafter provided,—
(a) the jurisdiction of the High Court at Calcutta shall, as from the appointed day, extend to the transferred territories; and
(b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the transferred territories.
(2) Such proceeding spending in the High Court at Patna 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 at Calcutta shall, as soon as may be after such certification, be transferred to the High Court at Calcutta.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided, the High Court at Patna shall have, and the High Court at Calcutta 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 Patna before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court at Patna, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court at Calcutta, 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 Patna—
(a) before the appointed day in any proceedings transferred to the High Court at Calcutta by virtue of sub-section (2) or
(b) in any proceedings with respect to which the High Court at Patna retains jurisdiction by virtue of sub-section (3), shall, for all purposes, have effect, not only as an order of the High Court at Patna, but also as an order made by the High Court at Calcutta.
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- 1 Short title
- 2 Definitions
- 3 Transfer of territories from Bihar to West Bengal
- 4 Amendment of First Schedule to the Constitution
- 5 Amendment of Fourth Schedule to the Constitution
- 6 Bye-elections to fill vacancies in the Council of States
- 7 Term of office of members of the Council of States
- 8 Provision as to existing House of the People
- 9 Allocation of certain sitting members of the Bihar Legislative Assembly
- 10 Duration of Legislative Assemblies of Bihar and West Bengal
- 11 Bihar Legislative Council
- 12 West Bengal Legislative Council
- 13 Allocation of seats in the House of the People and assignment of seats to State Legislative Assemblies
- 14 Modification of the Scheduled Castes and Scheduled Tribes Orders
- 15 Determination of population of Scheduled Castes and Scheduled Tribes
- 16 Delimitation of constituencies
- 17 Extension of jurisdiction of, and transfer of proceedings to, Calcutta High Court
- 18 Right to appear in any proceedings transferred to Calcutta High Court
- 19 Interpretation
- 20 Appropriation of moneys for expenditure in transferred Appropriation Acts
- 21 Distribution of revenues
- 22 Land and goods
- 23 Treasury and bank balances
- 24 Arrears of taxes
- 25 Right to recover loans and advances
- 26 Credits in certain funds
- 27 Assets and liabilities of State undertakings
- 28 Public debt
- 29 Refund of taxes collected in excess
- 30 Deposits
- 31 Provident Funds
- 32 Pensions
- 33 Contracts
- 34 Liability in respect of actionable wrong
- 35 Liability as guarantor of co-operative societies
- 36 Items in suspense
- 37 Power of the Central Government to order allocation or adjustment in certain cases
- 38 Certain expenditure to be charged on the Consolidated Fund
- 39 State Financial Corporations
- 40 Temporary provisions as to the continuance of certain existing road transport permits
- 41 Provisions relating to services
- 42 Provisions as to the continuance of officers in the same posts
- 43 Territorial extent of laws
- 44 Power to adapt laws
- 45 Power to construe laws
- 46 Power to name authorities, etc. for exercising statutory functions
- 47 Legal proceedings
- 48 Transfer of pending proceedings
- 49 Right of pleaders to practise in certain Courts
- 50 Effect of provisions inconsistent with other laws
- 51 Power to remove difficulties
- 52 Power to make rules