26. High Court of Uttaranchal.—(1) As from the appointed day, there shall be a separate High
Court for the State of Uttaranchal (hereinafter referred to as “the High Court of Uttaranchal”) and the
High Court of Judicature at Allahabad shall become the High Court for the State of Uttar Pradesh
(hereinafter referred to as the High Court at Allahabad).
(2) The principal seat of the High Court of Uttaranchal 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 Uttaranchal may sit at such other place or places in the State of Uttaranchal other than its
principal seat as the Chief Justice may, with the approval of the Governor of Uttaranchal, appoint.
27. Judges of Uttaranchal High Court.—(1) Such of the Judges of the High Court at Allahabad
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 Allahabad and become, Judges of the High Court of
Uttaranchal.
(2) The persons who by virtue of sub-section (1) become Judges of the High Court of Uttaranchal
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 at
Allahabad.
28. Jurisdiction of Uttaranchal High Court.—The High Court of Uttaranchal shall have, in respect
of any part of the territories included in the State of Uttaranchal, all such jurisdiction, powers and
authority 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 Allahabad.
29. 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), for the words “and
Uttar Pradesh”, the words “Uttar Pradesh and Uttaranchal” 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 Uttar Pradesh may give his option in writing, within one year from the
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appointed day to the Bar Council of such existing State, to transfer his name on the roll of the Bar Council
of Uttaranchal 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 Uttaranchal 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 at Allahabad 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 Uttaranchal or any
subordinate court thereof, as the case may be.
(4) The right of audience in the High Court of Uttaranchal 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 Allahabad.
30. Practice and procedure in Uttaranchal 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 Allahabad shall, with the necessary modifications, apply in relation to the High Court of
Uttaranchal, and accordingly, the High Court of Uttaranchal 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 at Allahabad:
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 at Allahabad shall, until varied or revoked by rules or
orders made by the High Court of Uttaranchal, apply with the necessary modifications in relation to
practice and procedure in the High Court of Uttaranchal as if made by that Court.
31. Custody of seal of Uttaranchal High Court.—The law in force immediately before the
appointed day with respect to the custody of the seal of the High Court at Allahabad shall, with the
necessary modifications, apply with respect to the custody of the seal of the High Court of Uttaranchal.
32. 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 at
Allahabad 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 Uttaranchal.
33. 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 Allahabad 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 Uttaranchal.
34. 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 Allahabad and the Judges
and division courts thereof shall, with the necessary modifications, apply in relation to the High Court of
Uttaranchal.
35. Transfer of proceedings from Allahabad High Court to Uttaranchal High Court.—(1)
Except as hereinafter provided, the High Court at Allahabad shall, as from the appointed day, have no
jurisdiction in respect of the transferred territory.
(2) Such proceedings pending in the High Court at Allahabad 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 Uttaranchal shall, as soon as may be after such certification, be
transferred to the High Court of Uttaranchal.
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(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 28, but
save as hereinafter provided, the High Court at Allahabad shall have, and the High Court of Uttaranchal
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 at Allahabad before the appointed day:
Provided that if after any such proceedings have been entertained by the High Court at Allahabad, it
appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Uttaranchal, 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 Allahabad—
(a) before the appointed day, in any proceedings transferred to the High Court of Uttaranchal by
virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court 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 at Allahabad, but also as an order
made by the High Court of Uttaranchal.
36. Right to appear or to act in proceedings transferred to Uttaranchal 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 at Allahabad and was authorised to appear in any proceedings
transferred from that High Court to the High Court of Uttaranchal under section 35, shall have the right to
appear in the High Court of Uttaranchal in relation to those proceedings.
37. Interpretation.—For the purposes of section 35—
(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.
38. Savings.—Nothing in this Part shall affect the application to the High Court of Uttaranchal 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.