25. High COUit of Jharkhand
(1) On and from the appointed day, there shall be a separate High Court for
the State of Jharkhand (hereinafter referred to as the High Court of Jharkhand) and
the High Court at raffia shall become the High Court for the State of Bihar
(hereinafter referred to as the High Court at raffia).
(2) The principal seat of the High Court of Jharkhand shall be at such place
as the President may, by notified order, appoint.
(3) Notwithstanding anything contained in sub-section (2), the Judges and
division courts of the High Court of Jharkhand may sit at such other place or
places in the State of Jharkhand other than its principal seat as the Chief Justice
may, with the approval of the Governor of Jharkhand, appoint.
26. Judges of High Court
(1) Such of the Judges of the High Court at raffia holding office immediately
before the appointed day as may be determined by the President shall on that day
cease to be Judges of the High Court at raffia and become Judges of the High Court
of Jharkhand.
(2) The persons who by virtue of sub-section (1) become Judges of the High
Court of Jharkhand shall, except in the case where any such person is appointed to
be the Chief Justice of that High Court, rank in that Court according to the priority
of their respective appointment as Judges of the High Court of raffia.
27. Jurisdiction of High Court
The High Court of Jharkhand shall have, in respect of any part of the territories
included in the State of Jharkhand, all such jurisdiction, powers and authorities as,
under the law in force immediately before the appointed day, are exercisable in
respect of that part of the said territories by the High Court at raffia.
28. Special provision relating to Bar Council and Advocates
(1) On and from the appointed day, in the Advocates Act, 1961 (25 of 1961),
in section 3, in sub-section (1), in clause (a), after the words "Jammu and Kashmir",
the word "Jharkhand" shall be inserted.
The Bihar Reorganisation Act, 2000 9
(2) Any person who immediately before the appointed day is an advocate on
tl)e roll of the Bar Council of the existing State of Bihar may give his option in
writing, within one year from the appointed day to the Bar Council of such existing
State, to transfer his name on the roll of the Bar Council of Jharkhand and
notwithstanding anything contained in the Advocates Act, 1961 (25 of 1961) and
the rules made thereunder, on such option so given his name shall be deemed to
have been transferred on the roll of the Bar Council of Jharkhand with effect from
the date of the option so given for the purposes of the said Act and the rules made
thereunder.
(3) The person other than the advocates who are entitled immediately before
the appointed day, to pra~tise in the High Court at Patna or any subordinate court
thereof shall, on and after the appointed day, be recognised as such persons
entitled also to practise in the High Court of Jharkhand or any subordinate court
thereof, as the case may be.
(4) The right of audience in the High Court of Jharkhand 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 at Patna.
29.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 at
Patna shall, with the necessary modifications, apply in relation to the High
Court of Jharkhand, and accordingly, the High Court of Jharkhand shall have
all such powers to make rules and orders with respect to practice and procedure
as immediately before the appointed day exercisable by the High Court at
Patna:
Provided that any rules or orders which are in force immediately before the
appointed day with respect to practice and procequre in the High Court at raffia
shall, until varied or revoked by rules or orders made by the High Court of
Jharkhand, apply with the necessary modificatt6ns in relation to practice and
procedure in the High Court of Jharkhand as if made by that court.
30. Custody of seal of High Court
The law in force immediately before the appointed day with respect to the
custody of the seal of the High Court at raffia shall with the necessary modifications,
apply with respect to the custody of the seal of the High Court of Jharkhand.
31. Form of writs and other processes
The law in force immediately before the appointed day with respect to
the form of writs and special processes used, issued or awarded by the High
Court at Patna shall, with the necessary modifications, apply with respect to
the form of writs and other processes used, issued or awarded by the High
Court of Jharkhand.
The Bihar Reorganisation Act, 2000
1032. Powers of Judges
The law in force immediately before the appointed day relating to the
powers of the Chief Justice, single Judges and division courts of the High
Court at Patna with respect to all matters ancillary to the exercise of those
powers shall, with the necessary modification, apply in relation to the High
Court of Jharkhand.
33. 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 at raffia and the Judges and division
courts thereof shall, with the necessary modification, apply in relation to the High
Court of Jharkhand.
34. Transfer of proceedings from High Court at Patna to High Court of Jharkhand
(1) Except as hereinafter provided, the High Court at raffia shall, as from the
appointed day, have no jurisdiction in respect of the transferred territory:
(2) Such proceedings pending in the High Court at raffia immediately before
the appointed day as are certified, whether before or after that day, by the Chief
Justice of the High Court, having regard to the places of accrual of the cause of
action and other circumstances, to be proceedings which are ought to be heard and
decided by the High Court of Jharkhand shall as soon as may be after such
certification, be transferred to the High Court of Jharkhand.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this
section or in section 27, but save as hereinafter provided, the High Court at raffia
shall have, and the High Court of Jharkhand 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 raffia 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 the High Court that they
ought to be transferred to the High Court of Jharkhand, 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 proceeding to the High Court of
Jharkhand by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at raffia
retains jurisdiction by virtue of sub-section (3) shall for all purposes
have e(fect, not only as an order or the High Court at Patna, but also
as an order made by the High Court of Jharkhand.
The Bihar Reorganisation Act, 2000
35. Right to appear or to act in proceedings transferred to High Court of ]harkhand
Any !,erson, who immediately before the appointed day, is an advocate
entitled to practice or an attorney entitled to act, in the High Court at raffia and so
authorised to appear or to act in any proceedings transferred from that High Court
to the High Court of Jharkhand under section 34 shall have the right to appear or
to act, as the case may be, in the High Court of Jharkhand in relation to those
proceedings.
36.Interpretation
For the purposes of section 34-
(a) proceedings shall be deemed to be pending in a court until that court
has disposed of all issues between the parties, including any issues
with respect to the taxation of the costs of the proceedings and shall
include appeals, applications for leave to appeal to the Supreme Court,
applicati°l:' for review, petitions for revision and petitions for writs;
(b) references to a High Court shall be construed as including references
to a Judge or division court thereof, and reference to order made by a
court or the Judge shall be construed as including references to a
sentence, judgment or decree passed or made by that court of Judge.
37. Saving
Nothing in this Part shall affect the application to the High Court of Jharkhand
of any provisions of the Constitution, and this Part shall have effect subject to any
provision that may be made on or after the appointed day with respect to that High
Court by any Legislature or other authority having power to make such provision.