20. Common High Court for Maharashtra, Goa, Dadra and Nagar Haveli and Daman and
Diu.—(1) On and from the appointed day,—
(a) there shall be a common High Court for the States of Maharashtra and Goa, and for the Union
territories of Dadra and Nagar Haveli, and Daman and Diu, to be called the High Court of Bombay
(hereinafter referred to as the common High Court);
(b) the Judges of the High Court of Bombay (hereinafter referred to as the existing High Court),
holding office immediately before that day shall, unless they have elected otherwise, become, on that
day, the Judges of the common High Court.
(2) The expenditure in respect of the salaries and allowances of the Judges of the common High Court
shall be allocated amongst the States of Maharashtra and Goa and the Union in such proportion as the
President may, by order, determine.
(3) On and from the appointed day, the common High Court shall have, in respect of the territories
comprised in the States of Maharashtra and Goa and the Union territories of Dadra and Nagar Haveli and
Daman and Diu, all such jurisdiction, powers and authority as, under the law in force immediately before
the appointed day, are exercisable in respect of those territories by the High Court of Bombay.
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21. Provision as to advocates.—(1) On and from the appointed day,—
(a) in the Advocates Act, 1961 (43 of 1961), in section 3, in sub-section (1), for Clause (ccc), the
following clause shall be substituted, namely:—
“(ccc) for the States of Maharashtra and Goa and the Union territories of Dadra and Nagar
Haveli and Daman and Diu, to be known as the Bar Council of Maharashtra and Goa;”;
(b) the Bar Council of Maharashtra shall be deemed to be the Bar Council of Maharashtra and
Goa with the Advocate-General of the State of Goa also as an ex officio member.
(2) Any person who, immediately before the appointed day, is an advocate entitled to practice in the
existing High Court shall be entitled to practice 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 Maharashtra, shall, as from that day, become advocates on the roll of the Bar Council of
Maharashtra and Goa.
(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
existing High Court;
Provided that as between the Advocates-General of the States of Maharashtra and Goa, the right of
audience shall be determined with reference to their dates of enrolment as advocates.
22. Practice and procedure in the 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 existing
High Court shall, with the necessary modifications, apply in relation to the common High Court.
23. Custody of seal of the common High Court.—The law in force immediately before the
appointed day with respect to the custody of the seal of the existing High Court shall, with the necessary
modifications, apply with respect to the custody of the seal of the common High Court.
24. 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 existing High Court
shall, with necessary modifications, apply with respect to the form of writs and other processes used,
issued or awarded by the common High Court.
25. 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 existing High Court and with respect
to all matters, ancillary to the exercise of those powers shall, with the necessary modification apply in
relation to the common High Court.
26. Principal seat and other places of sitting of the common High Court.—(1) The principal seat
of the common High Court shall be at the same place at which the principal seat of the existing High
Court is located immediately before the appointed day.
(2) The president may, by notified order, provide for the establishment of a permanent bench or
benches of the common High Court at one or more places within the territories to which the jurisdiction
of the High Court extends, other than the principal seat of the High Court, and for any matters connected
therewith:
Provided that before issuing any order under this sub-section, the President shall consult the Chief
Justice of the common High Court, and the Governor of the State in which the bench or benches is or are
proposed to be established.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judges and division
Courts of the common High Court may also sit at such other place or places within the territories to which
the jurisdiction of that High Court extends as the Chief Justice of that High Court may, with the approval
of the Governor of the State or the Administrator of the Union territory concerned, appoint.
27. 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 existing High Court and the Judges and
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division Courts thereof shall, with the necessary modifications, apply in relation to the common High
Court.
28. Transfer of proceedings to the common High Court.—(1) All proceedings pending in the
existing High Court immediately before the appointed day shall, from such day, stand transferred to the
common High Court.
(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High
Court as if such proceeding was entertained by that High Court.
29. Interpretation, etc.—(1) For the purposes of section 28,—
(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,
applications for review, petitions for revision and petitions for writs; and
(b) references to a High Court 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.
(2) Any person who, immediately before the appointed day, is an advocate entitled to practice in the
existing High Court and was authorised to appear or to act in any proceedings transferred from that High
Court to the common High Court under section 28 shall have the right to appear or to act, as the case may
be, in the common High Court in relation to those proceedings.
30. Saving.—Nothing in this Part shall affect the application to the common High Court 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.