THE MYSORE HIGH COURT (EXTENSION OF JURISDICTION TO COORG) ACT, 1952

Year : 1952

ACT NO. 72 OF 1952

[18th December, 1952.]

An Act to Extend the Jurisdiction of the high court of my sore to the state.

BE it enacted by Parliament as follows:-

Section -1 Short title and commencement.

(1) This Act may be called the Mysore High Court (Extension of Jurisdiction to Coorg) Act, 1952.

(2) It shall come into force on such date 1* as the Central Government may, by notification in the Official Gazette, appoint.

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1 1st April, 1953, vide Notification No. S.R.O. 469, dated the 6th
March, 1953, Gazette of India, 1953, Pt. II, See. 3, p. 294.

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Section -2 Definitions.

In this Act,-

(a) Appointed day " means the date appointed under sub section (2) of section 1 for the coming into force of this Act ;

(b) Coorg Order " means the Madras High Court (Extension of Jurisdiction to Coorg) Order, 1948, made by the Governor General on the 28th day of February,1948 ;

(c) Proceeding in relation to Coorg " means any appeal or other proceeding from, or in respect of, any judgment, decree or order of any Court or tribunal within the State of Coorg.

Section -3 Extension of jurisdiction of Mysore High Court to, and exclusion of the jurisdiction of madras High Court from, Corrg.

Save as otherwise expressly provided in any other enactment, as from the appointed day,-

(a) The jurisdiction of the High Court of Mysore shall extend to the whole of the State of Coorg ; and

(b) The, jurisdiction of the High Court at Madras to entertain, or dispose of, any proceeding in relation to Coorg, whether such jurisdiction is exercisable by virtue of the Coorg Order or of any enactment specified in the Schedule, shall cease.

Section -4 Transfer of pending proceedings to Mysore High Court.

Save as otherwise expressly provided in any other enactment, all proceedings in relation to Coorg pending in the High Court at Madras immediately before the appointed day shall by virtue of this Act stand transferred to the High Court of Mysore and shall be disposed of by it in exercise of the jurisdiction conferred on it by this Act.

Section -5 Effect of orders of Madras High Court.

Any judgment,decree or order in any proceeding in relation to Coorg made before the appointed day by the High Court at Madras shall, for all purposes have effect, not only as a judgment, decree or order of that Court, but also as if it were a judgment, decree or order made by the High Court of Mysore in the exercise of the jurisdiction conferred on it by this Act.

Section -6 Amendment of certain enactments.

The enactments specified in the Schedule shall be amended in the manner specified therein.

Section -7 Coorg Order to cease to have effect.

As from the appointed day, the Coorg Order shall cease to have effect.

THE SCHEDULE
(See section 6.)

1. The Indian Divorce Act, 1869 (4 In sub-clause (e) of clause(1) of of 1869). section 3, for the words " the High Court at Madras" the words "the High Court of Mysore " shall be substituted.

2. The Indian Stamp Act, 1899 (2 of In clause (e) of sub-section(1) of 1899). section 57, for the words" the High Court at Madras" the words "the High Court of Mysore " shall be substituted.

3.The Indian Patents and Designs In sub-clause (e) of clause (7) of Act, 1911 (2 of 1911). section 2, for the words " the High Court at Madras" the words"the High Court of Mysore "shall be substituted.

4.The Official Trustees Act, 1913 In sub-clause (e) of clause (2) of (2 of 1913). section 2, for the words "the High Court at Madras" the words "the High Court of Mysore " shall be substituted.

5.The Administrator Generals Act, In sub-clause (e) of clause (12) of 1913 (3 of 1913). section 2, for the words " the High Court at Madras" the words "the High Court of Mysore " shall be substituted.