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IDA, 1869
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IDAChapter IISection 8
Section8

Extraordinary jurisdiction of High Court

AI Assist

Summary

The High Court can take over and try any suit or proceeding started under this Act in a District Judge's court within the High Court's territorial jurisdiction. It may act as the original court and decide the matter itself. It can also withdraw a suit from one District Judge and transfer it to another for trial or disposal.

Example

Priya files a divorce suit in the District Judge's court in her city. The High Court decides the case should be heard directly, removes it from the District Judge and tries it itself as a court of original jurisdiction, so Priya's case proceeds in the High Court.

Bare Act

Enacted text

The High Court may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act. Power to transfer suits. Power to transfer suits.- The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.

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II

Chapter II

Jurisdiction

In this chapter

  • 4Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception
  • 5Enforcement of decrees or orders made heretofore by Supreme or High Court
  • 6Pending suits
  • 7Court to act on principles of English Divorce Court
  • 8Extraordinary jurisdiction of High Court
  • 9Reference to High Court
Previous · Section 7Court to act on principles of English Divorce CourtNext · Section 9Reference to High Court