Page:White Paper on Indian States (1950).pdf/322

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

312

the continued operation of any notice served, injunction issued, direction made or proceedings taken before the appointed day by such High Court or Civil Court under the powers then conferred upon it;

(n) no proceedings taken, or jurisdiction exercised, by a single Judge of the High Court of Cooch Behar during the period from the 31st day of October, 1949, to the 31st day of December, 1949, shall be called in question on the ground that the Court was not properly constituted or that such proceedings could have been taken, or jurisdiction exercised, only by a bench of two Judges; and

(o) in so far as this Article makes no provision or insufficient provision, the High Court at Calcutta, may make such order for the transfer of suits, cases or proceedings pending before the High Court of Cooch Behar or an existing Civil Court to itself or to any Court in Cooch Behar subordinate to it; and where any case, suit or proceeding is so transferred, the Court to which it is transferred shall hear and dispose of the same as if it had been a case, suit or proceeding transferred to it in accordance with the law for the time being in force.

Explanation.—In clause (g) the expression "corresponding Court" means a Court in which the case or proceeding in which the sentence or order was passed would have lain if the case or proceeding had been instituted after the appointed day."

5. In the Schedules to the Principal Order, the following Schedule shall be added at the end, namely:—

"SCHEDULE VIII

States merged in the Province of West Bengal

Name of State Number of seats in the Legislative Assembly
Coooh Behar 2"

C. RAJAGOPALACHARI,
Governor-General.


K. V. K. SUNDARAM,
Secretary.