Section 39 of The Punjab Reorganisation Act, 1966 in hindi — Transfer of pending proceedings
Bare section text
Official Legislative Text
- (1)All proceedings pending in the High Court of Punjab immediately before the appointed day shall, on that day, stand transferred to the common High Court.
- (2)Such proceedings which stand transferred to the common High Court under sub-section (1) as are certified by the Chief Justice of the common 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 Court of the Judicial Commissioner for Himachal Pradesh shall, as soon as may be after such certification, be transferred to the Court of the Judicial Commissioner for Himachal Pradesh.
- (3)Notwithstanding anything contained in the foregoing provisions of this Part, but save as hereinafter provided, the common High Court shall have, and the Court of the Judicial Commissioner for Himachal Pradesh shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court of Punjab before the appointed day: Provided that if, after any such proceedings have been entertained by the common High Court, it appears to the Chief Justice of that High Court that they ought to be transferred to the Court of the Judicial Commissioner for Himachal Pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly.
- (4)Any order—
- (a)made by the High Court of Punjab before the appointed day, in any proceeding transferred to the Court of the Judicial Commissioner for Himachal Pradesh by virtue of sub-section (2), or
- (b)made by the common High Court in any proceeding with respect to which that High Court has jurisdiction by virtue of sub-section (3), shall for all purposes have effect not only as an order of the High Court of Punjab or, as the case may be, of the common High Court, but also as an order made by the Court of the Judicial Commissioner for Himachal Pradesh.
Educational Study Layer
Summary
- This section automatically moves unresolved legal cases from the old Punjab High Court to the new common High Court.
- It gives the Chief Justice the power to certify and transfer specific cases to the Himachal Pradesh court if they belong there.
- It keeps appeals about old Punjab High Court orders in the common High Court, unless the Chief Justice decides otherwise.
- It makes old Punjab High Court orders legally binding as if the Himachal Pradesh court made them when cases are moved there.
Practical examples
FAQ
1. Where do pending cases go under Section 39 of The Punjab Reorganisation Act, 1966?
Section 39 of The Punjab Reorganisation Act, 1966 states that all proceedings pending in the High Court of Punjab immediately before the appointed day stand transferred to the common High Court.
2. Can cases be moved to Himachal Pradesh under Section 39 of the 1966 reorganisation statute?
Yes, under Section 39 of the 1966 reorganisation statute, the Chief Justice of the common High Court can certify that a transferred proceeding ought to be heard by the Court of the Judicial Commissioner for Himachal Pradesh, and it will be transferred there.
3. Who handles an appeal for an order passed before the appointed day according to Section 39 of the Punjab Reorganisation Act?
According to Section 39 of the Punjab Reorganisation Act, the common High Court has jurisdiction to entertain appeals against orders passed by the High Court of Punjab before the appointed day, though the Chief Justice can still transfer them to Himachal Pradesh if appropriate.
4. Are old court orders still valid in Himachal Pradesh under Section 39 of The Punjab Reorganisation Act, 1966?
Yes, Section 39 of The Punjab Reorganisation Act, 1966 notes that an order made by the old High Court of Punjab in a proceeding transferred to the Himachal Pradesh court has effect as an order made by the Himachal Pradesh court itself.
Practice Quiz
Q1.Under Section 39 of The Punjab Reorganisation Act, 1966, what happens to proceedings pending in the High Court of Punjab immediately before the appointed day?
Q2.According to Section 39 of the 1966 Punjab Reorganisation Act, who has the authority to certify that a case should be transferred to the Court of the Judicial Commissioner for Himachal Pradesh?
Q3.Reading Section 39 alongside Section 40 of The Punjab Reorganisation Act, 1966, if a petition for revision has not yet been resolved regarding court costs, what happens to it on the appointed day?
Q4.Under Section 39 of The Punjab Reorganisation Act, 1966, which court initially lacks jurisdiction to entertain appeals against orders passed by the High Court of Punjab before the appointed day?
Q5.What effect does an order made by the High Court of Punjab have if the case is transferred to Himachal Pradesh under Section 39 of this Act?