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Section 5
ESTABLISHMENT OF HIGH COURT

(1) There shall be a High Court at the place where the capital of each province is located.
(2) According to clause (2) of Article 288 of the Constitution, the High Court shall be held at the place designated by the Government of Nepal in consultation with the Council of Justice until a decision is made on the location of the capital of the province.
(3) The Government of Nepal, in consultation with the Council of Justice, may designate a place for establishing a temporary bench of the High Court in any other place within the territorial jurisdiction of the High Court in addition to the location of the High Court.
(4) According to sub-section (3), when appointing a place to establish a bench, the territorial jurisdiction of such a bench should also be specified.
(5) If there is more than one Appellate Court in a province at the time of commencement of this Act, the Government of Nepal shall, in consultation with the Judicial Council, designate one Appellate Court as the High Court of such Province and the other Appellate Court as another bench of the same High Court.
(6) Notwithstanding anything written elsewhere in this section, if any high court is located in a place other than the capital of the province when the decision of the capital of the province is made in accordance with sub-section (2) of Article 288 of the Constitution, the Government of Nepal may transfer such high court to the capital of the province in consultation with the Council of Justice.
(7) The bench constituted in accordance with this section shall exercise the same jurisdiction as the High Court in accordance with this Act within the territorial jurisdiction specified in accordance with sub-section (4).