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Constitution shall continue to exist until the structure of Judiciary set forth in this
Constitution is set up. Nothing in this Constitution shall be deemed to bar the
settlement by respective Courts of the cases already filed in such Courts prior to the
commencement of this Constitution and of the cases to be filed after the
commencement of this Constitution.
(2) The Chief Justice and Justices of the Supreme Court, Chief Judges and
Judges of the Appellate Courts and Judges of the District Courts at the time of
commencement of this Constitution shall be deemed to have been appointed under
this Constitution.
(3) The High Courts set forth in Article 139 shall be established within one
year after the date of commencement of this Constitution. The Appellate Courts existing
at the time of commencement of this Constitution shall be dissolved after the
establishment of such Courts.
(4) After the establishment of the High Courts pursuant to clause (3), the cases
sub judice in the Appellate Courts shall be transferred to such High Courts as
specified by the Government of Nepal, in consultation with the Judicial Council, by a
notification in the Nepal Gazette.
(5) After the establishment of the High Courts pursuant to clause (3), the Chief
Justice shall, on recommendation of the Judicial Council, post the Chief Judges and
Judges of the Appellate Courts who are holding office at the time of commencement
of this Constitution to the offices of the Chief Judges and Judges of the High Courts.
(6) The Additional Judges of the Appellate Courts who are holding office at
the time of commencement of this Constitution may continue to hold office until the
term specified at the time of their appointment.
(7) The cases on criminal offences punishable by imprisonment for a term of
more than one year and sub judice in any body other than a Court at the time of
commencement of this Constitution shall, after the commencement of this
Constitution, be transferred to the concerned District Court.
301.
Provisions relating to Constitutional Bodies and Officials thereof: (1) The
Constitutional Bodies which are existing at the time of commencement of this
Constitution and provided in this Constitution shall be deemed to have been formed in
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