Section 31
Transfer Of Cases
(1) Cases, appeal, petitions and reports filed and pending
in the District Courts at the time of commencement of this Act shall be ipso-
facto transferred to the District Courts established after the commencement of
this Act.
(2) If the territory of any District has been divided into two Provinces in
accordance with the Constitution at the time of commencement of this Act,
cases to be tried and settled or hearing appeal by the District Court pursuant to
this Act and prevailing laws under such District shall be heard by the District
Court as prescribed by Government of Nepal in consultation with Judicial
Council by issuing notice in Nepal Gazette until confirmation of border of
such District. An appeal over the judgment of such District Court or the
decision made by the body or authority, as per the prevailing laws, shall lie in
High Court to hearing the appeal of said District Court.
(3) Notwithstanding anything contains in Sub-Section (1), if territory of any
District is changed and merged in other District in accordance with the
Constitution, cases, petitions and reports pending at that District Court shall
be transferred in the District Court as prescribed by Government of Nepal in
consultation with Judicial Council by issuing notice in Nepal Gazette.
(4) Cases, appeal, petitions and reports filed and pending in the Court of
Appeal at the time of commencement of this Act shall be transferred to the
High Courts as prescribed by Government of Nepal in consultation with
Judicial Council by issuing notice in Nepal Gazette.
(5) If jurisdiction of any High Court or District Court is changed due to
changing border of any Province by merging the Province into any other
Province after commencement of this Act, cases, petitions and reports pending
at that High Court or District Court shall be transferred in the High Court or
District Court as prescribed by Government of Nepal in consultation with
Judicial Council by issuing notice in Nepal Gazette.