State · Dadra and Nagar Haveli and Daman and Diu

Section 7 of The High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981

Transfer of pending proceedings from the Court of the Judicial Commissioner to the Bombay High Court.

(1)All proceedings pending in the Court of the Judicial Commissioner immediately before the appointed day shall stand transferred to the High Court at Bombay.
(2)Every proceeding transferred under sub-section (1) shall be disposed of by the High Court at Bombay as if such proceeding were entertained by that High Court.
(3)Any order made before the appointed day by the Court of the Judicial Commissioner shall, for all purposes, have effect not only as an order of that Court but also as an order of the High Court at Bombay.

Summary

All active legal cases and proceedings in the Court of the Judicial Commissioner are transferred to the Bombay High Court.
This transfer happens automatically on the appointed day.
The Bombay High Court must handle and resolve these transferred cases as if it had started and entertained them itself.
Any order made by the old court before the appointed day remains fully effective as an order of both the old court and the Bombay High Court.

Practical examples

1An ongoing land dispute case between Mr. Silva and Mrs. Costa was active in the Court of the Judicial Commissioner on October 29, 1982. On the appointed day, the case is automatically moved to the Bombay High Court, which continues to resolve it.

2A child custody order was issued by the Judicial Commissioner on September 15, 1982. Under Section 7, this order is treated as if the Bombay High Court itself issued it, so it can be enforced or modified by the High Court.

FAQ

1. What happens to pending cases in the Court of the Judicial Commissioner when the Act starts?

They stand transferred to the High Court at Bombay.

2. How must the Bombay High Court dispose of these transferred cases?

It must dispose of them as if they were originally entertained and taken up by the Bombay High Court itself.

3. What is the legal status of an order made by the Court of the Judicial Commissioner before the appointed day?

It has effect not only as an order of that old court but also as an order of the High Court at Bombay.

4. When does the transfer of pending proceedings occur?

It occurs on the appointed day.

Test yourself

Q1.What happens to pending proceedings under Section 7(1)?

Q2.Under Section 7(2), how does the Bombay High Court handle transferred cases?

Q3.An order made by the Court of the Judicial Commissioner before the appointed day is treated as what?

Q4.Which court's pending proceedings are transferred under Section 7?

Q5.When must a proceeding be pending to be transferred under Section 7?

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