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DELHI HIGH COURT ACT

Ministry of Law and Justice

Act nº 26 of 1966


  • Amending Acts
  • Act nº 26 of 1966

Preamble

DELHI HIGH COURT ACT, 1966

[Act, No. 26 of 1966]

[5th September, 1966]

PREAMBLE

An Act to provide for the constitution of a High Court for the Union territory of Delhi, for the extension of the jurisdiction of that High Court to the Union Territory of Himachal Pradesh1and fur matters connected therewith.

Be it enacted by Parliament in the Seventeenth Year of the Republic of India as follows : --

1. Himachal Pradesh is a State now and has a separate High Court See Act 53 of 1970. Sections. 21, 25 and 30.


Section 1. Short title and commencement

(1) This Act may be called the Delhi High Court Act, 1966.

(2) Section 17 shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once.

1. Date appointed is 1-5-1967.


Section 2. Definitions

In this Act, unless the context otherwise requires, --

(a) "appointed day" means the date appointed under section 3;

(b) "notified order" means order notified in the Official Gazette.

Section 3. High Court

(1) As from such date1as the Central Government may, by notification in the Official Gazette, appoint, there shall be a High Court for the Union Territory of Delhi (hereinafter referred to as the High Court of Delhi')

(2) The principal seat of the High Court of Delhi shall be at Delhi or at such other 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 Delhi may sit at such other place or places other than its principal seat as the Chief Justice may, with the approval of the President, appoint.

1. Date appointed is 31-10-1966.


Section 3A. Salaries and allowances or Judges to be expenditure charged on Consolidated Fund of India

1[3-A. Salaries and allowances or Judges to be expenditure charged on Consolidated Fund of India

Expenditure in respect of the salaries and allowances of Judges of the High Court of Delhi shall be expenditure charged on the Consolidated Fund of India.]

1. Inserted by the Delhi High Court (Amdt.) Act, 1969 (37 of 1969), Section. 2, (w.e.f. 1-10-1969).


Section 4. Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the Constitution apply to the High Court of Delhi

(1) The provisions of Chapter V of Part VI of the Constitution shall in their application to the High Court of Delhi, have effect subject to the following exceptions and modifications, namely: --

(a) in Article 217, the words "the Governor of the State" shall be omitted and in relation to appointments to be made under sub-section (2), that article shall be construed as if the words "and, in the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High court", had also been omitted;

(b) in Article 219, the reference to the Governor of the State, and in the proviso to clause (3) of Article 227, the reference to the Governor, shall be construed as a reference to the administrator of the Union Territory of Delhi;

(c) the provisions of Article 225 shall not apply;

(d) in Article 229,--

(i) the reference to the Governor of the State shall be construed as references to the administrator of the Union territory of Delhi;

(ii) the references to the State Public Service Commission, the Legislature of the State and the Consolidated Fund of the State shall be construed, respectively, as refer­ences to the Union Public Service Commission, Parliament and the Consolidated Fund of India;

(e) the Provisions of Article 230 shall apply subject to the modifications that --

(i) in clause (i) thereof, for the words "High Court" in both the places where they occur the words "High Court for a Union territory", and for the words " any Union territory", the words "any other Union territory" shall be substituted;

(ii) for clause (2) thereof, the following clause shall be substituted, namely: --

"(2) where the High Court for a Union territory exercises jurisdiction in relation to another Union territory, the reference in Article 227 to the Administrator of the Union Territory of Delhi shall, in relation to any rules, forms or lables for subordinate Courts in that other Union territory, be construed as a reference to the Administrator of that other Union territory."

(2) Between the coming into force of this section and the appointed day, the President may, after consultation with the Chief Justice of India, appoint the Chief Justice of the High Court of Delhi and as many other Judges of the said High Court as he thinks fit, and any appointments so made shall take effect as from the appointed day.

Section 5. Jurisdiction of High Court of Delhi

(1) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union Territory of Delhi, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exercisable in respect of the said territories by the High Court of Punjab.

(2) Notwithstanding anything contained in any law for the time being in force, the High Court of Delhi shall also have in respect of the said territories ordinary original civil jurisdiction in every suit the value of which exceeds1[rupees twenty lakhs]

1. Substituted for "[rupees five lakhs]." by the Delhi High Court (Amendment) Act, 2003 (35 of 2003) w.e.f 16.07.2003


Section 6. Power to enrol legal practitioners, etc.

(1) The High Court of Delhi shall have like powers to approve, admit, enrol, remove and suspend legal practitioners, and to make rules with respect to them, as are, under the law in force immediately before the appointed day, exercisable by the High Court of Punjab.

(2) The right of audience in High Court of Delhi 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 Punjab :

Provide that subject to any rule made or direction given by the High Court of Delhi in the exercise of the powers conferred by this section, any person who immediately before the appointed day is an advocate entitled to practice or an attorney entitled to act in the High Court of Punjab shall be recognised as an advocate or an attorney entitled to practice or act, as the case may be, in the High Court of Delhi.

Section 7. Practice and procedure a in the High Court of Delhi

Subject to the provisions of this Act, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Punjab shall with the necessary modifications, apply in relation to the High Court of Delhi and accordingly the High Court of Delhi shall have all such powers to make rules and orders with respect to practice and procedure as arc immediately before the appointed day exercisable by the High Court of Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the exercise of its ordinary original civil jurisdiction:

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 Punjab shall, untill varied or revoked by rules or orders made by the High Court of Delhi, apply with the necessary modifications in relation to practice and procedure in the High Court of Delhi as if made by that High Court.

Section 8. Custody of the Seal of the High Court of Delhi

The law in force immediately before the appointed day with respect to the custody of the Seal of the High Court of Punjab shall with the necessary modifications, apply with respect to the custody of the Seal of the High Court of Delhi.

Section 9. 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 Punjab 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 Delhi.

Section 10. Powers of Judges

(1) Where a single Judge of the High Court of Delhi exercises ordinary original civil jurisdiction conferred by sub-section (2) of section 5 on that Court, an appeal shall lie from the judgment of the single Judge to a Division Court of that High Court.

(2) Subject to the provisions of sub-section (1), 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 of Punjab 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 Delhi.

Section 11. Procedure as to appeals to Supreme Court

Thelaw in force immediately before the appointed day relating to appeals to theSupreme Court from the High Court ofPunjab and the Judges and Division Courts thereof shall, with the necessarymodifications, apply in relation to the High Court of Delhi.

Section 12. Transfer of proceedings from the High Court of Punjab to the High Court of Delhi

(1) Except as hereinafter provided, theHigh Court of Punjab shall, as from the appointed day have nojurisdiction in respect of the Union Territory of Delhi.

(2) Such proceedings pending in the High Court ofPunjab immediately before the appointed day as are certified, whether before orafter that day, by the Chief Justice of that High Court having regardto the place of accrual of the cause of action and other circumstancesto be proceedings which ought to be heard and decided by the High Court ofDelhi,shall, as soon as may be after such certification, be transferred to theHigh Court of Delhi.

(3) Notwithstanding anything contained insub-sections (1)and (2)of this section and in section 5, but save as hereinafterprovided, theHigh Court of Punjab shall have, and the High Court of Delhishall not have, jurisdiction to entertain, hear or dispose of, appeals,applications for leave to appeal including leave to appeal to the Supreme Court,applications for review and other proceedings where any such proceedingsseek any relief in respect of any order passed by the High Court of Punjabbefore the appointed day:

Providedthat if after any such proceedings have been entertained by the High Court of Punjab, it appears to the ChiefJustice of thatHigh Court that they ought to be transferred to theHigh Court of Delhi, he shall order that they shall be so transferred,and such proceedingsshall thereupon be transferred accordingly.

(4) Any order made by the High Court of Punjab --

(a)before the appointed day, in any proceedings transferred to theHigh Court of Delhi by virtue of sub-section (2);

(b)in any proceedings with respect to which theHigh Court of Punjab retains jurisdiction by virtue of sub-section (3),

shallfor all purposes have effect not only as anorder of theHigh Court of Punjab, but also as an order made by theHigh Court of Delhi.

Section 13. Right to appear or to act in proceedings transferred to the High Court of Delhi

Any person who, immediately before the appointed day, is an advocate entitled to practice or an attorney entitled to act, in the High Court of Punjab and was authorised to appear or to act in any proceedings transferred from that High Court to the High Court of Delhi under Section 12, shall have the right to appear or to act, as the case may be, in the High Court of Delhi in relation to those proceedings.