Section 5
Establishment Of High Court
(1) There shall be a High Court in the capital of each province.
(2) The High Court shall be remained in the place as prescribed by the Government of Nepal in consultation with the Judicial Council until decision for the place of the capital of the Province is made in accordance with Sub-
Article (2) of Article 288 of the Constitution.
(3) The Government of Nepal may, in consultation with the Judicial Council, establish temporary bench of the High Court in other place having under the territorial jurisdiction of such Court and prescribe the location of the bench.
(4) While prescribing location by establishing bench pursuant to Sub-Section (3), territorial jurisdiction of such bench shall also be determined.
(5) In case there are more than one Courts of Appeal in any Province during commencement of this Act, the Government of Nepal shall, in consultation with the Judicial Council, determine a Court of Appeal as a High Court of the Province and next Court of Appeal shall be prescribed as next bench of the same High Court.
(6) Notwithstanding anything contains in this Section elsewhere, Government of Nepal may, in case the High Court is located in another place then the capital of the Province, while making decision of the capital of the Province
pursuant to Sub-Article (2) of Article 288 of the Constitution, relocate the High Court in the capital of the Province in consultation of the Judicial Council.
(7) The bench, established as per this Section, shall exercise jurisdiction equivalent to the High Court pursuant to this Act under its own territorial jurisdiction as prescribed pursuant to Sub-Section (4).
(2) The High Court shall be remained in the place as prescribed by the Government of Nepal in consultation with the Judicial Council until decision for the place of the capital of the Province is made in accordance with Sub-
Article (2) of Article 288 of the Constitution.
(3) The Government of Nepal may, in consultation with the Judicial Council, establish temporary bench of the High Court in other place having under the territorial jurisdiction of such Court and prescribe the location of the bench.
(4) While prescribing location by establishing bench pursuant to Sub-Section (3), territorial jurisdiction of such bench shall also be determined.
(5) In case there are more than one Courts of Appeal in any Province during commencement of this Act, the Government of Nepal shall, in consultation with the Judicial Council, determine a Court of Appeal as a High Court of the Province and next Court of Appeal shall be prescribed as next bench of the same High Court.
(6) Notwithstanding anything contains in this Section elsewhere, Government of Nepal may, in case the High Court is located in another place then the capital of the Province, while making decision of the capital of the Province
pursuant to Sub-Article (2) of Article 288 of the Constitution, relocate the High Court in the capital of the Province in consultation of the Judicial Council.
(7) The bench, established as per this Section, shall exercise jurisdiction equivalent to the High Court pursuant to this Act under its own territorial jurisdiction as prescribed pursuant to Sub-Section (4).