7. Extension of jurisdiction of, and transfer of proceedings to, High Court at Patna.—(1) Except
as hereinafter provided—
(a) the jurisdiction of the High Court at Patna shall, as from the appointed day, extend to the
territories transferred by this Act from the State of Uttar Pradesh to the State of Bihar; and
(b) the High Court of Judicature at Allahabad shall, as from that day, have no jurisdiction in
respect of the said territories.
(2) Such proceedings pending in the High Court of Judicature at Allahabad 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 Patna shall, as soon as may be after such certification, be transferred to the
High Court at Patna.
(3) Notwithstanding anything contained in sub-sections (1) and (2), but save as hereinafter provided,
the High Court of Judicature at Allahabad shall have, and the High Court at Patna shall not have,
jurisdiction to entertain, hear or dispose of appeals, applications for leave to appear 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 Judicature at Allahabad before the appointed day:
Provided that if, after such proceedings have been entertained by the High Court of Judicature at
Allahabad, it appears to the Chief Justice of that High Court that they ought to be transferred to the
High Court at Patna, 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 Judicature at Allahabad—
(a) before the appointed day in any proceedings transferred to the High Court at Patna by virtue
of sub-section (2), or
(b) in any proceedings with respect to which the High Court of Judicature 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 of Judicature at Allahabad, but
also as an order made by the High Court at Patna.
(5) Subject to any rule made or direction given by the High Court at Patna, any such person who
immediately before the appointed day is an advocate entitled to practise in the High Court of Judicature at
Allahabad as may be specified in this behalf by the Chief Justice of the High Court at Patna having regard
to the transfer of territories from the State of Uttar Pradesh to the State of Bihar, shall be recognised as an
advocate entitled to practise in the High Court at Patna.
8. Extension of jurisdiction of, and transfer of proceedings to, High Court at
Allahabad.—(1) Except as hereinafter provided—
(a) the jurisdiction of the High Court of Judicature at Allahabad shall, as from the appointed day,
extend to the territories transferred by this Act from the State of Bihar to the State of Uttar Pradesh;
and
7
(b) the High Court at Patna shall, as from that day, have no jurisdiction in respect of the said
territories.
(2) Such proceedings pending 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
of Judicature at Allahabad shall, as soon as may be after such certification, be transferred to the
High Court of Judicature at Allahabad.
(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 of Judicature at Allahabad 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 of Judicature at
Allahabad, 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 of Judicature at
Allahabad 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 of Judicature at Allahabad.
(5) Subject to any rule made or direction given by the High Court of Judicature at Allahabad, any
such person who immediately before the appointed day is an advocate entitled to practise in the
High Court at Patna as may be specified in this behalf by the Chief Justice of the High Court of Judicature
at Allahabad having regard to the transfer of territories from the State of Bihar to the State of Uttar
Pradesh, shall be recognised as an advocate entitled to practise in the High Court of Judicature at
Allahabad.
9. Right to appear in any proceedings transferred under section 7 or section 8.—Any person who
immediately before the appointed day is an advocate entitled to practise in the High Court at Patna or the
High Court of Judicature at Allahabad and was authorised to appear in any proceedings transferred under
section 7 or section 8 shall have the right to appear in the High Court to which the proceedings have been
transferred, in relation to those proceedings.
10. Interpretation.—For the purposes of sections 7 and 8,—
(a) proceedings shall be deemed to be pending in the High Court at Patna or the High Court of
Judicature at Allahabad 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;
(b) references to the High Court at Patna or the High Court of Judicature at Allahabad 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.