DELHI HIGH COURT ACT, 1966
(1) This Act may be called the Delhi High Court Act, 1966
(2) Section 17 shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once
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
(1) As from such date2 as 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 principles seat as the Chief Justice may, with the approval of the President, appoint.
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.]
The provisions of Chapter V of Pan of 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, and 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, reference to the Governor, shall be construed as a reference to the administrator of the Union territory of Delhi
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(c) the prov
(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
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(2) Notwithstanding anything contained in any law for the lime 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 exceeds [rupees five Lakhs]
(1) The High Court of Delhi shall have like powers to approve, admit, enroll, 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 the High Court of Delhi shall be regulated in accordance with the like principles, as, immediately before the appointed day, are in force with respect of the right of audience in the High Court of Punjab:
Provided 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 practise or an attorney entitled to an act in the High Court of Punjab shall be recognized as advocate or an attorney entitled
Subject to the provisions of the Act, the law in force immediately before the appointed day with respect to practice and procedure in 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 are 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, until 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 Hi
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
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
(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
The law in force immediately before the appointed day relating to appeals to the Supreme Court from the High Court of Punjab and the Judges and Division Courts thereof shall, with the necessary modifications, apply in relation to the High Court of Delhi
(1) Except as hereinafter provided, the High Court of Punjab shall, as from the appointed day, have no jurisdiction in respect of the Union territory of Delhi
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(2) Such proceedings pending in the High Court of Punjab 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 Delhi, shall, as soon as may be after such certification, be transferred to the High Court of Delhi
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(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section and in section 5, but save as hereinafter provided, the High Court
Any person who, immediately before the appointed day, is an advocate entitled to practise or an attorney entitled to act, in the High Court of Punjab, and was authorized 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
For the purposes of sections 12 and 17,
(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;
(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
Save as provided in section 4, nothing in this Act shall affect the application to the High Court of Delhi of any provisions of the Constitution, and this Act 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
All proceedings pending immediately before the appointed day in any subordinate court in the Union territory of Delhi in or in relation to any such civil suit as is referred to in sub-section (2) of section 5 shall in that day stand transferred to the High Court of Delhi which shall proceed to try, hear and determine the matter as if it had been pending therein
(1) As from such date as the Central Government may, by notification in the Official Gazette, appoint (hereinafter referred to as the prescribed date), the jurisdiction of the High Court of Delhi shall extend to the Union territory of Himachal Pradesh
(2) As from the prescribed.date the Court of the Judicial Commissioner for Hima- chal Pradesh shall cease to function and is hereby abolished: Provided that nothing in this sub-section shall prejudice or affect the continued operation of any notice served, injunction issued, direction given, or proceedings taken before the prescribed date by the Court of the Judicial Commissioner for Himachal Pradesh abolished by this sub-section
(3) The High Court of Delhi shall have, in respect of the territories for the time being included in the Union territory of Himachal Pradesh,
(1) References in any law in force in the Union territory of Delhi to the High Court of Punjab shall, as from the appointed day, be construed in relation to that Union territory as references to the High Court of Delhi
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(2) References in any law in force in the Union territory of Kimachal Pradesh to the High Court of Punjab or to the Court of the Judicial Commissioner for that territory shall, as from the prescribed date, be construed in relation to that Union territory as references to the High Court of Delhi
[Section 19 and Schedule repealed by the Repealing and Amending Act, 1974 (56 of 1974), Section 2 and First Schedule.]
(1) If any difficulty arises in giving effect to the provisions of the Act, the Central Government may, by notified order, make such provisions as appears to it to be necessary or expedient for the removal of the difficulty
(2) Every order made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session or in two successive sessions, and if, before the expiry of the session for a total period of thirty days which may be comprised in one session in which it is so laid or the session immediately following, both Houses agree in making any modification in the order or both Houses agree that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of an
For the purpose of facilitating the application of any law in relation to the Union territory of Delhi or Himachal Pradesh, the Central Government may, before the expiration of two years from the appointed day in relation to the Union territory of Delhi and before the expiration of two years from the prescribed date in relation to the Union territory of Himachal Pradesh, by order, make such adaptations and modifications of the law, whether by way or repeal or amendment, as may be necessary or expedient to give effect to the provisions of this Act and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority
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