High Court of Tripura Bill, 2010
[Bill No.30 of 2010]
[13th Aug. 2010]
A BILL to provide for the establishment of a High Court for the State of Tripura.BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-
1. Short title.- This Act may be called the High Court of Tripura Act, 2010.
2. Definitions.- In this Act, unless the context otherwise requires:-
(a) "appointed date" means the date which, the Central Government may, by notification in the Official Gazette, appoint; and
(b) "Gauhati High Court" means the existing common High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura.
3. Establishment of the High Court of Tripura.- (1) There shall be established a separate High Court for the State of Tripura to be known as the High Court of Tripura consisting of a Chief Justice and, until President appoints a larger number, of not less than three other judges.
(2) The principal seat of the High Court of Tripura shall be at Agartala.
(3) Notwithstanding anything contained in sub-section (2), the judges and the division courts of the High Court of Tripura may sit at such other place or places in the State of Tripura other than its principal seat as the Chief Justice may, with the approval of the Governor of Tripura, appoint.
4. Jurisdiction of the High Court of Tripura.- On and from the appointed date, the High Court of Tripura shall have, in respect of territory of Tripura, all such jurisdiction, powers and authorities as, under the law in force immediately before the appointed date, are exercisable by the Gauhati High Court.
5. Abolition of Agartala Bench of the Gauhati High Court.- (1) On and from the appointed date, the Agartala Bench of Gauhati High Court shall cease to function and is hereby abolished.
(2) Nothing in sub-section (1) shall prejudice or affect the continued operation of any notice served, injunction issued, direction given or proceeding taken before the appointed date by the Agartala Bench of Gauhati High Court abolished by that sub-section.
6. Special provision relating to advocates.- (1) Subject to any rule made or any direction given by the High Court of Tripura in this behalf, any person, who immediately before the appointed date, is an advocate entitled to practice in the Gauhati High Court, shall be entitled to practice as an advocate in the High Court of Tripura.
(2) The right of audience in the High Court of Tripura shall be regulated in accordance with the like principles as immediately before the appointed date, are in force with respect to the right of audience in the Gauhati High Court.
7. Practice and procedure in the High Court of Tripura.- Subject to the provisions of this Act, the law in force immediately before the appointed date with respect to practice and procedure in the Gauhati High Court shall, with necessary modifications, apply in relation to the High Court of Tripura.
8. Form of writs and other processes.- The law in force immediately before the appointed date with respect to the form of writs and other processes used, issued or awarded by the Gauhati High Court 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 Tripura till such law is made and forms are prescribed.
9. Powers of Judges.- The law in force immediately before the appointed date with respect to the powers of the Chief Justice, single Judge and Division Courts of the Gauhati High Court with respect to all matters ancillary to the exercise of those powers shall, with necessary modifications, apply in relation to the High Court of Tripura.
10. Procedure as to appeals to Supreme Court.- The law in force immediately before the appointed date relating to appeals to the Supreme Court from the Gauhati High Court and the Judges and division courts thereof shall, with necessary modifications, apply in relation to the High Court of Tripura.
11. Transfer of proceedings from the Gauhati High...
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