Transfer of proceedings from Madras High Court to Andhra High Court
Section 38 of the Andhra State Act, 1953 deals with transfer of proceedings from Madras High Court to Andhra High Court. Except as hereinafter provided, the High Court at Madras shall as from the prescribed day, have no jurisdiction in respect of the State of Andhra. The Act came into force on 01 Oct 1953.
(1) Except as hereinafter provided, the High Court at Madras shall as from the prescribed day, have no jurisdiction in respect of the State of Andhra.
(2) Such proceedings pending in the High Court at Madras immediately before the prescribed day as are certified, whether before or after that day by the Chief Justice of that High Court having regard to the place of accrual of the cause of action and other circumstances to be proceedings which ought to be heard and decided by the High Court of Andhra shall as soon as may be after such certification be transferred to the High Court of Andhra.
(3) Notwithstanding anything contained in sub-sections (1) and (2) of this section or in section 30, but save as hereinafter provided, the High Court at Madras shall have and the High Court of Andhra shall not have, jurisdiction to entertain, hear or dispose of appeals, applications for leave to appeal including leave to appeal to the Supreme Court, applications for review and other proceedings where any such proceedings seek any relief in respect of any order passed by the High Court at Madras before the prescribed day:
Provided that if after any such proceedings have been entertained by the High Court at Madras, it appears to the Chief Justice of that High Court that they ought to be transferred to the High Court of Andhra he shall order that they shall be so transferred and such proceedings shall thereupon be transferred accordingly.
(4) Any order made by the High Court at Madras—
(a) before the prescribed day, in any proceedings transferred to the High Court of Andhra by virtue of sub-section (2), or
(b) in any proceedings with respect to which the High Court at Madras retains jurisdiction by virtue of sub-section (3),
shall for all purposes have effect, not only as an order of the High Court at Madras, but also as an order made by the High Court of Andhra.
Section 38, The Andhra State Act, 1953 (Act 30 of 1953).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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Questions about Section 38
What does Section 38 of the Andhra State Act deal with?
Section 38 of the Andhra State Act is headed "Transfer of proceedings from Madras High Court to Andhra High Court". Except as hereinafter provided, the High Court at Madras shall as from the prescribed day, have no jurisdiction in respect of the State of Andhra.
How do I find court cases under Section 38 of the Andhra State Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Andhra State Act 1953 38, section 38 Andhra State Act 1953, section 38 of the Andhra State Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 38 of the Andhra State Act, and has it changed?
Its own text turns on section 30 (Jurisdiction of Andhra High Court), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 38 of the Andhra State Act come into force?
Section 38 of the Andhra State Act, cited as Andhra State Act 1953 38, came into force on 01 Oct 1953, having been enacted on 14 Sep 1953. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.