The Delhi High Court Act, 1966
# THE DELHI HIGH COURT ACT, 1966


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# ARRANGEMENT OF SECTIONS

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SECTIONS

1. Short title and commencement.

2. Definitions.

3. High Court.

3A. Salaries and allowances or Judges to be expenditure charged on Consolidated Fund of India.

4. Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the

Constitution apply to the High Court of Delhi.

5. Jurisdiction of High Court of Delhi.

6. Power to enrol legal practitioners, etc.

7. Practice and procedure in the High Court of Delhi.

8. Custody of the Seal of the High Court of Delhi.

9. Form of writs and other processes.

10. Powers of Judges.

11. Procedure as to appeals to Supreme Court.

12. Transfer of proceedings from the High Court of Punjab to the High Court of Delhi.

13. Right to appear or to act in proceedings transferred to the High Court of Delhi.

14. Interpretation.

15. Savings.

16. Pending proceedings before subordinate courts in Delhi.

17. Extension of the jurisdiction of the High Court of Delhi.

18. Rule of construction.

19. [Repealed.]

20. Power to remove difficulties.

21. Power to adapt laws.


THE SCHEDULE. [Repealed.]


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# THE DELHI HIGH COURT ACT, 1966


# ACT NO. 26 OF 1966


[5th _September, 1966.]_

# An Act to provide for the constitution of a High Court for the Union territory of Delhi, for the
 extension of the jurisdiction of that High Court to the Union territory of Himachal Pradesh and for matters connected therewith.

BE it enacted by Parliament in the Seventeenth Year of the Republic of India as follows:—

**1. Short title and commencement.—(1) This Act may be called the Delhi High Court Act, 1966.**

(2) Section 17 shall come into force on such date[1] as the Central Government may, by notification in

the Official Gazette, appoint; and the remaining provisions of this Act shall come into force at once.

**2. Definitions.—In this Act, unless the context otherwise requires,—**


(a) “appointed day” means the date appointed under section 3;


(b) “notified order” means order notified in the Official Gazette.


**3. High Court.—(1) As from such date** 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.

2[3A. Salaries and allowances or Judges to be expenditure charged on Consolidated Fund of

**India.—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.]

**4. Exceptions and modifications subject to which the provisions of Chapter V of Part VI of the**

**Constitution apply to the High Court of Delhi.—(1) The provisions of Chapter V of Part VI of the**
Constitution shall, in their application to the High Court of Delhi, have effect subject to the following
exceptions and modifications, namely:—

(a) in article 217, the words “the Governor of the State” shall be omitted and in relation to

appointments to be made under sub-section (2), that article shall be construed as if the words “and, in
the case of appointment of a Judge other than the Chief Justice, the Chief Justice of the High Court,”
had also been omitted;

(b) in article 219, the reference to the Governor of the State, and in the proviso to clause (3) of

article 227, the reference to the Governor, shall be construed as a reference to the administrator of the
Union territory of Delhi;


(c) the provisions of article 225 shall not apply;


(d) in article 229,—


(i) the references to the Governor of the State shall be construed as references to the

administrator of the Union territory of Delhi;

1. 1st May, 1967, vide notification No. G.S.R. 508 (E), dated 11th April, 1967, see Gazette of India, Extraordinary,
Part II, sec. 3 (i).
2. Ins. by Act 37 of 1969, s. 2 (w.e.f. 1-10-1969).


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(ii) the references to the State Public Service Commission, the Legislature of the State and the

Consolidated Fund of the State shall be construed, respectively as references to the Union Public
Service Commission, Parliament and the Consolidated Fund of India;


(e) the provisions of article 230 shall apply subject to the modifications that—


(i) in clause (1) thereof, for the words “High Court” in both the places where they occur, the

words “High Court for a Union territory”, and for the words “any Union territory”, the words
“any other Union territory” shall be substituted;


(ii) for clause (2) thereof, the following clause shall be substituted, namely:—


“(2) Where the High Court for a Union territory exercises jurisdiction in relation to

another Union territory, the reference in article 227 to the administrator of the Union
territory of Delhi shall, in relation to any rules, forms or tables for subordinate courts in that
other Union territory, be construed as a reference to the administrator of that other Union
territory.”.

(2) Between the coming into force of this section and the appointed day, the President may, after

consultation with the Chief Justice of India, appoint the Chief Justice of the High Court of Delhi and as
many other Judges of the said High Court as he thinks fit, and any appointments so made shall take effect
as from the appointed day.

**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 [1][rupees two crore].

**6. Power to enrol legal practitioners, etc.—(1) The High Court of Delhi shall have like powers to**

approve, admit, enrol, remove and suspend legal practitioners, and to make rules with respect to them, as
are, under the law in force immediately before the appointed day, exercisable by the High Court of
Punjab.

(2) The right of audience in the High Court of Delhi shall be regulated in accordance with the like

principles, as, immediately before the appointed day, are in force with respect to the right of audience in
the High Court of Punjab:

Provided that subject to any rule made or direction given by the High Court of Delhi in the exercise

of the powers conferred by this section, any person who immediately before the appointed day is an
advocate entitled to practise or an attorney entitled to act in the High Court of Punjab shall be recognised
as an advocate or an attorney entitled to practise or act, as the case may be, in the High Court of Delhi.

**7. Practice and procedure in the High Court of Delhi.—Subject to the provisions of this Act, the**

law in force immediately before the appointed day with respect to practice and procedure in the High
Court of Punjab shall, with the necessary modifications, apply in relation to the High Court of Delhi and
accordingly the High Court of Delhi shall have all such powers to make rules and orders with respect to
practice and procedure as are immediately before the appointed day exercisable by the High Court of
Punjab and shall also have powers to make rules and orders with respect to practice and procedure for the
exercise of its ordinary original civil jurisdiction:

Provided that any rules or orders which are in force immediately before the appointed day with

respect to practice and procedure in the High Court of Punjab shall, until varied or revoked by rules or
orders made by the High Court of Delhi, apply with the necessary modifications in relation to practice
and procedure in the High Court of Delhi as if made by that High Court.

1. Subs. by Act 23 of 2015, s. 2, for “rupees twenty lakhs” (w.e.f. 26-10-2015).


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**8. Custody of the Seal of the High Court of Delhi.—The law in force immediately before the**

appointed day with respect to the custody of the Seal of the High Court of Punjab shall, with the
necessary modifications, apply with respect to the custody of the Seal of the High Court of Delhi.

**9. Form of writs and other processes.—The law in force immediately before the appointed day with**

respect to the form of writs and other processes used, issued or awarded, by the High Court of Punjab
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 Delhi.

**10. Powers of Judges.—(1) Where a single Judge of the High Court of Delhi exercises ordinary**

original civil jurisdiction conferred by sub-section (2) of section 5 on that Court, an appeal shall lie from
the judgment of the single Judge to a Division Court of that High Court.

(2) Subject to the provisions of sub-section (1), the law in force immediately before the appointed day

relating to the powers of the Chief Justice, single Judges and Division Courts of the High Court of Punjab
and with respect to all matters ancillary to the exercise of those powers shall, with the necessary
modifications, apply in relation to the High Court of Delhi.

**11. Procedure as to appeals to Supreme Court.—The law in force immediately before the**

appointed day relating to appeals to the Supreme Court from the High Court of Punjab and the Judges and
Division Courts thereof shall, with the necessary modifications, apply in relation to the High Court of
Delhi.

**12. Transfer of proceedings from the High Court of Punjab to the High Court of**

**Delhi.—(1) Except as hereinafter provided, the High Court of Punjab shall, as from the appointed day,**
have no jurisdiction in respect of the Union territory of Delhi.

(2) Such proceedings pending in the High Court of Punjab immediately before the appointed day as

are certified, whether before or after that day, by the Chief Justice of that 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 High Court of Delhi, shall, as soon as may be after such certification, be transferred to
the High Court of Delhi.

(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section and in section 5,

but save as hereinafter provided, the High Court of Punjab shall have, and the High Court of Delhi shall
not have, jurisdiction to entertain, hear or dispose of, appeals, applications for leave to appeal including
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 High Court of Punjab, it

appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of
Delhi, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred
accordingly.


(4) Any order made by the High Court of Punjab—


(a) before the appointed day, in any proceedings transferred to the High Court of Delhi by virtue

of sub-section (2);

(b) in any proceedings with respect to which the High Court of Punjab retains jurisdiction by

virtue of sub-section (3),

shall for all purposes have effect, not only as an order of the High Court of Punjab, but also as an order
made by the High Court of Delhi.

**13. Right to appear or to act in proceedings transferred to the High Court of Delhi.—Any**

person who, immediately before the appointed day, is an advocate entitled to practise or an attorney
entitled to act, in the High Court of Punjab, and was authorised to appear or to act in any proceedings
transferred from that High Court to the High Court of Delhi under section 12, shall have the right to
appear or to act, as the case may be, in the High Court of Delhi in relation to those proceedings.


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**14. Interpretation.—For the purposes of sections 12 and 17,—**

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues

between the parties, including any issues with respect to the taxation of the costs of the proceedings
and shall include appeals, applications for leave to appeal to the Supreme Court, applications for
review, petitions for revision and petitions for writs;

(b) references to a High Court shall be construed as including references to a Judge or Division

Court thereof, and references to an order made by a court or a Judge shall be construed as including
references to a sentence, judgment or decree passed or made by that court or Judge.

**15. Savings.—Save as provided in section 4, nothing in this Act shall affect the application to the**

High Court of Delhi of any provisions of the Constitution, and this Act shall have effect subject to any
provision that may be made on or after the appointed day with respect to the High Court by any
Legislature or other authority having power to make such provision.

**16. Pending proceedings before subordinate courts in Delhi.—All proceedings pending**

immediately before the appointed day in any subordinate court in the Union territory of Delhi in or in
relation to any such civil suit as is referred to in sub-section (2) of section 5 shall on that day stand
transferred to the High Court of Delhi which shall proceed to try, hear and determine the matter as if it
had been pending therein.

**17. Extension of the jurisdiction of the High Court of Delhi.—(1) As from such date as the Central**

Government may, by notification in the Official Gazette, appoint hereinafter 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 date 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 [1][fifty thousand

rupees], notwithstanding anything contained in any law for the time 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 the 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 date stand transferred to the High Court of Delhi which shall proceed to try,
hear and determine the matter as if it had been pending therein.

1. Subs. by Act 37 of 1969, s. 4, for “twenty-five thousand rupees” (w.e.f. 1-10-1969).


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**18. Rule of construction.—(1) References in any law in force in the Union territory of Delhi to the**

High Court of Punjab shall, as from the appointed day, be construed in relation to that Union territory as
references to the High Court of Delhi.

(2) References in any law in force in the Union territory of Himachal Pradesh to the High Court of

Punjab or to the Court of the Judicial Commissioner for that territory shall, as from the prescribed date, be
construed in relation to that Union territory as references to the High Court of Delhi.

**19. [Amendment of certain laws.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974) s. 2 and**

_the_ _First Schedule (w.e.f. 20-12-1974)._

**20. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of**

this Act, the Central Government may, by notified order, make such provision as appears to it to be
necessary or expedient for the removal of the difficulty.

(2) Every order made under this section shall be laid as soon as may be after it is made before each

House of Parliament while it is in session for a total period of thirty days which may be comprised in one
session or in two successive sessions and if, before the expiry of the session in which it is so laid or the
session immediately following, both Houses agree in making any modification in the order or both
Houses agree that the order should not be made, the order shall thereafter have effect only in such
modified form or be of no effect, as the cases may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that order.

**21. Power to adapt laws.— For the purpose of facilitating the application of any law in relation to**

the Union territory of Delhi or Himachal Pradesh, the Central Government may, before the expiration of
two years from the appointed day in relation to the Union territory of Delhi and before the expiration of
two years from the prescribed date in relation to the Union territory of Himachal Pradesh, by order, make
such adaptations and modifications of the law, whether by way of repeal or amendment, as may be
necessary or expedient to give effect to the provisions of this Act and thereupon every such law shall have
effect subject to the adaptations and modifications so made until altered, repealed or amended by a
competent Legislature or other competent authority.

[The Schedule.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974) s. 2 and the _First Schedule_

(w.e.f. 20-12-1974).


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