21. High Court of Chhattisgarh.—(1) As from the appointed day, there shall be a separate High
Court for the State of Chhattisgarh (hereinafter referred to as “the High Court of Chhattisgarh”) and the
High Court of Madhya Pradesh shall become the High Court for the State of Madhya Pradesh (hereinafter
referred to as the High Court of Madhya Pradesh).
(2) The principal seat of High Court of Chhattisgarh 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 Chhattisgarh may sit at such other place or places in the State of Chhattisgarh other than its
principal seat as the Chief Justice may, with the approval of the Governor of Chhattisgarh, appoint.
22. Judges of Chhattisgarh High Court.—(1) Such of the Judges of the High Court of Madhya
Pradesh 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 of Madhya Pradesh and become Judges of the High
Court of Chhattisgarh.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Chhattisgarh
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 appointments as Judges of the High Court
of Madhya Pradesh.
23. Jurisdiction of Chhattisgarh High Court.—The High Court of Chhattisgarh shall have, in
respect of any part of the territories included in the State of Chhattisgarh, all such jurisdiction, powers and
authority as, under the law in force immediately before the appointed day, are exercisable in respect to
that part of the said territories by the High Court of Madhya Pradesh.
24. Special provision relating to Bar Council and advocates.—On and from the appointed day, in
the Advocates Act, 1961 (25 of 1961) in section 3, in sub-section (1), in clause (a), for the words “and
Madhya Pradesh”, the words “Madhya Pradesh and Chhattisgarh” shall be substituted.
(2) Any person who immediately before the appointed day is an Advocate on the roll of the Bar
Council of the existing State of Madhya Pradesh 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 Chhattisgarh 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 Chhattisgarh with effect from the date of the option so given for the purposes of
the said Act and the rules made thereunder.
(3) The persons other than the Advocates who are entitled immediately before the appointed day, to
practise in the High Court of Madhya Pradesh 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 Chhattisgarh or
any subordinate court thereof, as the case may be.
(4) The right of audience in the High Court of Chhattisgarh 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 of Madhya Pradesh.
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25. Practice and procedure in Chhattisgarh 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 of Madhya Pradesh shall, with the necessary modifications, apply in relation to the High Court of
Chhattisgarh, and accordingly, the High Court of Chhattisgarh shall have all such powers to make rules
and orders with respect to practice and procedure as are immediately before the appointed day exercisable
by the High Court of Madhya Pradesh:
Provided that any rules or orders which are in force immediately before the appointed day with
respect to practice and procedure in the High Court of Madhya Pradesh shall, until varied or revoked by
rules or orders made by the High Court of Chhattisgarh, apply with the necessary modifications in
relation to practice and procedure in the High Court of Chhattisgarh as if made by that Court.
26. Custody of seal of Chhattisgarh High Court.—The law in force immediately before the
appointed day with respect to the custody of the seal of the High Court of Madhya Pradesh shall, with the
necessary modifications, apply with respect to the custody of the seal of the High Court of Chhattisgarh.
27. 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 High Court of
Madhya Pradesh 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 Chhattisgarh.
28. Powers of Judges.—The law in force immediately before the appointed day relating to the
powers of the Chief Justice, Single Judge and Division Courts of the High Court of Madhya Pradesh and
with respect to all matters ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the High Court of Chhattisgarh.
29. 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 of Madhya Pradesh and the
Judges and division courts thereof shall, with the necessary modifications, apply in relation to the High
Court of Chhattisgarh.
30. Transfer of proceedings from Madhya Pradesh High Court to Chhattisgarh High Court.—
(1) Except as hereinafter provided, the High Court of Madhya Pradesh shall, as from the appointed day,
have no jurisdiction in respect of the transferred territory.
(2) Such proceedings pending in the High Court of Madhya Pradesh immediately before the
appointed day as are certified, whether before or after that day, 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 Chhattisgarh shall, as soon as may be after
such certification, be transferred to the High Court of Chhattisgarh.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 23, but
save as hereinafter provided, the High Court of Madhya Pradesh shall have, and the High Court of
Chhattisgarh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave 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 Madhya Pradesh before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court of Madhya
Pradesh, it appears to the Chief Justice of that High Court that they ought to be transferred to the High
Court of Chhattisgarh, 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 Madhya Pradesh—
(a) before the appointed day, in any proceedings transferred to the High Court of Chhattisgarh by
virtue of sub-section (2); or
(b) in any proceedings with respect to which the High Court of Madhya Pradesh retains
jurisdiction by virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High Court of Madhya Pradesh, but also as
an order made by the High Court of Chhattisgarh.
31. Right to appear or to act in proceedings transferred to Chhattisgarh High Court.—Any
person, who, immediately before the appointed day, is an Advocate entitled to practise or any other
persons entitled to practise in the High Court of Madhya Pradesh and was authorised to appear in any
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proceedings transferred from that High Court to the High Court of Chhattisgarh under section 30, shall
have the right to appear in the High Court of Chhattisgarh in relation to those proceedings.
32. Interpretation.—For the purposes of section 30—
(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 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.
33. Saving.—Nothing in this Part shall affect the application to the High Court of Chhattisgarh 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.