Page:White Paper on Indian States (1950).pdf/320

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310

4. After Article 12 of the Principal Order, the following Article shall be inserted, namely:—

"13. As from the appointed day,—

(a) the jurisdiction of the High Court at Calcutta shall extend to the whole of the merged State of Cooch Behar (hereinafter referred to as Cooch Behar) as it extends to the Province of West Bengal;

(b) the Bengal, Agra and Assam Civil Courts Act, 1887, shall extend to, and be in force in, Cooch Behar as it extends to, and is in force in, the Province of West Bengal;

(c) the High Court of Cooch Behar and the other Civil Courts in Cooch Behar (hereinafter referred to as "existing Civil Courts") shall cease to function, and are hereby abolished;

(d) every appeal, case and other proceeding, pending before the High Court of Cooch Behar immediately before the appointed day shall stand transferred.—

(i) if it is an appeal from a decree or order in a civil case where the amount or value of the subject-matter of the suit or other proceeding is not more than five thousand rupees, to the Court of the District Judge, Cooch Behar;
(ii) if it is an appeal in a criminal proceeding and the sentence appealed against is a sentence of fine only or is a sentence of imprisonment for a period not exceeding four years, whether with or without fine, to the Court of the Sessions Judge, Cooch Behar; and
(iii) in any other case, to the High Court at Calcutta;

(e) every civil appeal, suit or other proceeding pending, immediately before the appointed day, before any of the existing Civil Courts shall stand transferred to the lowest Court, established under the Bengal, Agra and Assam Civil Courts Act, 1887, as extended to Cooch Behar, which would have jurisdiction to try or dispose of such appeal, suit or proceeding;

(f) every criminal appeal, case or other proceeding pending, immediately before the appointed day, before the Civil and Sessions Judge, Cooch Behar, shall stand transferred to the Sessions Judge, Cooch Behar;

(g) every decree passed or order made before the appointed day by the High Court of Cooch Behar or by any of the existing Civil Courts, and every sentence or order passed in the exercise of criminal jurisdiction by