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  • Section 5 - Jurisdiction of High Court of Delhi
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DELHI HIGH COURT ACT, 1966 (DELHI AMENDMENT)

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DELHI HIGH COURT ACT, 1966 (DELHI AMENDMENT)

 

Section 3 - High Court

(1)     As from such date[1] 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 principal seat as the Chief Justice may, with the approval of the President, appoint.

[STATE AMENDMENTS

[Delhi

[2] [After Section 3

The following section shall be inserted, namely:-

Salaries and allowances of Judges of Judges to be expenditure charged on Consolidated Fund of India.

"3A. 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.".]]]

 

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 exceeds [3] [rupees two crore]

[STATE AMENDMENTS

[Delhi

[4] [In Section 5

The words "rupees five lakh", the words "rupees twenty lakh" shall be substituted.]

[5] [In Section 5

The words "rupees twenty lakhs", the words "rupees two crore" shall be substituted.]

[6] [In Section 5

The words Amend-"twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted.]

[7] [In Section 5

The words "rupees one lakh", the words "rupees five lakhs" shall be substituted.]]]

 

Section 17 - Extension of the jurisdiction of the High Court of Delhi

(1)     As form Such date[8] as the Central Government may, by notification in the Official Gazette, appoint 9Hereinafter 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 Himachal 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 dale 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,--

 

(a)      all such original, appellate, and other jurisdiction as under the law in force immediately before the prescribed date, is exercisable in respect of the said territories by the Court of the Judicial Commissioner for Himachal Pradesh; and also

 

(b)      ordinary original civil jurisdiction in every suit the value of which exceeds[9] [fifty thousand rupees,] notwithstanding anything contained in any law for the lime being in force.

 

(4)     All proceedings pending in the Court of the Judicial Commissioner for Himachal Pradesh before the prescribed date shall stand transferred to the High Court of Delhi.

 

(5)     Any order made before the prescribed date by the Court referred to in sub-section (4) shall for all purposes have effect not only as an order of that Court but also as an order of the High Court of Delhi.

(6)     For the removal of doubts, it is hereby declared that the provisions of sections 6 to 11 and 13 shall, with the necessary modifications, apply to the High Court of Delhi in exercise of jurisdiction conferred upon it by this section.

 

(7)     All proceedings pending immediately before the prescribed date in any subordinate Court in the Union Territory of Himachal Pradesh in or in relation to any such civil suit as is referred to in clause (b) of sub-section (3) shall on that dale stand transferred to the High Court of Delhi which shall proceed to try, hear and determine the mailer as if it had been pending therein.

[STATE AMENDMENTS

[Delhi

[10] [In Section 17

The words Amend-"twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted.]]]

 



[1] Date appointed is 31-10-1966.

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

[3] Substituted by the Delhi High Court (Amendment) Act, 2015 for the following : - " [rupees twenty lakhs]"

[4] Substituted by Delhi High Court (Amendment) Act, 2001.

[5] Substituted by Delhi High Court (Amendment) Act, 2015.

[6] Substituted by the Delhi High Court (Amendment) Act, 1969.

[7] Substituted by the Delhi High Court (Amendment) Act, 1991.

[8] The date so appointed is l-5-1967.

[9] Substituted for the words "twenty-five thousand rupees" by Act 37 of 1969. Section 4 (1-10-1969).

[10] Substituted by the a Delhi High Court (Amendment) Act, 1969.

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