CALCUTTA HIGH COURT (ESTABLISHMENT OF CIRCUIT BENCH AT JALPAIGURI) ORDER, 2019

PREAMBLE

Whereas the High Court at Fort William was established by the Letters Patent of 1862 issued under the India High Courts Act, 1861 and was renewed under the Letters Patent of 1865 issued under the Indian High Courts Act, 1865;

And Whereas under clause 31 of the said Letters Patent, the Governor General in Council was empowered to authorize the High Court at Fort William to exercise jurisdiction elsewhere than at the place of usual sitting of High court or at several such places by way of circuit;

And Whereas sub-section (5) of section 101 of the Government of India Act, 1915-1919 renamed the High Court at Fort William as the High Court at Calcutta;

And Whereas section 30 of the Government of India Act, 1915-1919, repealed the Indian High Courts Act 1861 and the Indian High Courts Act 1865 and the jurisdiction and the authority of the High Court at Calcutta was continued under the provisions of Government of India Act, 1915-1919;

And Whereas the Government of India Act, 1935 repealed the Government of India Act, 1915-1919 and section 219 of the 1935 Act provided that the High Court in Calcutta, Madras and Bombay would be High Courts for the purposes of the said Act;

And Whereas by virtue of section 292 of the Government of India Act, 1935 existing laws in force in British India immediately before the commencement of the Government of India Act, 1935 were continued in force in British India until altered, repealed or amended by the competent Legislature;

And Whereas by virtue of sections 219 and 292 of the Government of India Act, 1935, the High Court at Calcutta continued to exercise its jurisdiction under the authority of the Letters Patent of 1865 which was the law in force immediately before the commencement of the Government of India Act, 1935;

And Whereas article 395 of the Constitution repealed the Government of India Act, 1935 an article 225 of the Constitution preserves the jurisdiction of the existing High Courts;

And Whereas by virtue of clause (1) of article 372 of the Constitution, the laws in force in the territory of India immediately before the commencement of the Constitution continue to be in force until repealed or amended by the competent Legislature or competent authority;

And Whereas the Letters Patent establishing the High Court at Calcutta continued to be the law in force till it is amended or modified by the competent Legislature or competent authority under clause (2) of article 372 of the Constitution;

And Whereas clause (2) of article 372 of the Constitution empowers the President to make such alterations and modifications in the laws in force in the territory of India to bring such law in accordance with the provisions of the Constitution;

And Whereas the President has issued the Adaptation of Laws Order, 1950 making amendments to the Central Laws and Provincial laws mentioned in the Schedule to that Order;

And Whereas section 3 of the General Clauses Act, 1897 (10 of 1897), the definitions given in the said Act apply to all Central Acts and Regulations made after the commencement of the said Act unless there is anything repugnant in the subject or context;

And Whereas clause (8) of section 3 of the said General Clauses Act, 1897 defines the Central Government, in relation to anything done before the commencement of the Constitution, to mean the Governor General or the Governor General in Council and in relation to anything done or to be done after the commencement of the Constitution, to mean the President of India.

Now therefore, in exercise of the powers conferred under the law in force and also under all other powers enabling the President in this behalf under the Constitution, I, Ram Nath Kovind, President of India after consultation with the Governor of West Bengal and the Chief Justice of the High Court of Calcutta make the following Order, namely:

Order - 1. Short title and commencement.

(1)     This Order shall be called the Calcutta High Court (Establishment of Circuit Bench at Jalpaiguri) Order, 2019.

(2)     It shall come into force on 07.02.2019.

Order - 2. Establishment of Circuit Bench of the Calcutta High Court at Jalpaiguri.

(1)     There shall be established a Circuit Bench of Calcutta High Court at Jalpaiguri, and such Judges of the High Court at Calcutta, as the Chief Justice of that High Court may decide from time to time shall sit as single Judges and as Division Courts at Jalpaiguri.

(2)     The Judges nominated under paragraph (1) shall sit at the Circuit Bench at Jalpaiguri and exercise the jurisdiction and powers for the time being vested in that High Court in respect of cases arising in the Districts of Darjeeling, Kalimpong, Jalpaiguri and Cooch Behar in the State of West Bengal:

Provided that the Chief Justice of that High Court may, in his discretion, order that any case or class of cases arising in any such district shall be heard at Kolkata.