Court : Kolkata
Reported in : AIR1971Cal354
..... are citizens of india, challenge the constitutionality of the letters patent of 1865, the calcutta high court (jurisdictional limits) act, 1919 and section 34(2)(3) of the advocates act, 1961 on the ground that they offend article 14 of the constitution. ..... but the petitioners seek relief also against the letters patent and the jurisdictional limits act which divide the jurisdiction of the high court, now constituted under article 214 into two halves, original and appellate, with a demarcating line artificially laid down at some point of time prior to the ..... in substance, the prayer of the petitioners is that (a) the division of the jurisdiction of this high court into original and appellate, in so far as they are founded on the foregoing laws, should cease to exist and (b) the classification of legal practitioners into advocates, barristers and the like should be replaced by a ..... that the division in question rests on historical facts, such as the special importance of the presidency town of calcutta to the colonial settlers and the genesis of the high courts and the mofussil courts from different sets of courts set up by the east india company and the british rulera (vide introduction by ormond to the rules of the high court, original side, published in 1940),--which historical facts do no longer exist.12. ..... correct in his suggestion that statutes relating to the sphere of public law, such as the jurisdiction of the high court, are immune from a challenge as to unconstitutionality. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal470,76CWN681
..... it was contended that as the letters patent of the year 1865 was illegal and ultra vires, the act, namely, the calcutta high court (jurisdictional limits) act, 1919 which was passed under the power derived from clause 11 of the letters patent, 1865 should also be considered to be invalid, illegal and ultra vires. ..... the learned advocate general contends that in the matter of fixation of limit of original jurisdiction of the calcutta high court by the act, calcutta high court (jurisdictional limits) act 1919, the legislature must have considered the difference in the economical structure and the tempo of life in presidency town of calcutta and outside. ..... accordingly the exercise of the original jurisdiction by the high court at calcutta within the specified limits as is seen in the calcutta high court (jurisdictional limits) act 1919 is permissible under the law and it does not offend article 14 of the constitution. ..... the petitioners who are citizens of india have challenged the constitutionality of the letters patent of 1965, the calcutta high court (jurisdictional limits) act, 1919 and section 34(2)(3) of the adovcates act, 1961 on the ground that they offend the provisions of article 14 of the constitution of india2. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1939Cal435
..... these local limits were fixed by the calcutta high court (jurisdiction limits) act, 1919, as the area bounded by the circular eoad, calcutta, and the western bank of the river hooghly. ..... in the court below it was contended that the act had no application to the original side of the high court because the court's original jurisdiction is ordinarily exercised within an area in the centre of calcutta bounded by the circular road and the river hooghly which has not been notified under section 1, sub-section (3) of the act. ..... 5 of the plaint in the original suit it was stated:that the plaintiffs' cause of action arose partly within and partly without the limits of the jurisdiction of the original side of the high court in calcutta. ..... there remains for decision the main and the most important question, whether the act, so far as it purports to limit the jurisdiction of the high court in its original jurisdiction, is beyond the powers of the local legislature. ..... the next question is whether the powers of the indian legislature to affect the jurisdiction and powers of the high court can be exercised by the provincial legislature with the sanction of the governor-general under section 80(a)(3), government of india act, 1919, the material portion of which is as follows:the local legislature of any province may not without the previous sanction of the governor-general, make or take into consideration any law. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal519
..... , it may also be pointed out that the calcutta high court (jurisdictional limits) act, 1919 defined the territorial limits of the 'ordinary civil jurisdiction' of the high court and not of any of its other jurisdictions. ..... it is subject to the provisions of sections 9(4) and 14(3) of that act which, as already explained, maintain in tact the power of the calcutta high court to make rules determining 'the persons who shall be entitled to plead and to act in the high court in the exercise of its original jurisdiction' and the 'conditions under which such persons shall be entitled to practise ..... (iii) so far as the high courts at calcutta and bombay are concerned, the foregoing right of advocates, for the fest time created by the act of 1926, was subject to further limitations, as laid down in section 9(4), namely,-- the existing power of the high court, in respect of its original jurisdiction, (a) to prescribe the qualifications to be possessed by persons applying to practise in such jurisdiction, (b) the discretion to refuse any such application, or (c) to prescribe the conditions under which such persons shall be entitled to practise or plead, was not to be affected ..... original jurisdiction, the existing power of the high court to make rules relating to the right of a person 'to plead and to act' was retained by sub-section (3) of section 14 in these words-'nothing in the section shall be deemed to limit or in any way affect the power of the high court at calcutta .................. .....
Tag this Judgment!Court : Kolkata
Reported in : 1962CriLJ656
..... after the calcutta high court (jurisdiction limits) act, 15 of 1919, it is there only to be seen that the port case in so far it is opposite the presidency-town of calcutta does form part of the presidency-town itself. ..... now, in the year 1962 the answer, and a very good answer at that, is to be found in the calcutta high court (jurisdiction limits) act, 15 of 1919. ..... first and last, the test to be applied is: how far does the ordinary original civil jurisdiction of the calcutta high court extend? ..... section 3 of the aforesaid act provides that the word 'town of calcutta' shall include all places within the local limits of the jurisdiction of the high court at calcutta. ..... it reads.section 3(44) 'presidency-town' shall mean the local limits for the time being of the ordinary original civil jurisdiction of the high court of judicature at calcutta, madras or bombay, as the case may be.that again gives rise to another question. ..... and this dichotomy has been made for all offences taking place within the limits of the ordinary original criminal jurisdiction of the'-high court which to but another name for the presidency-town of calcutta in the context of facts here. ..... section 2 of the aforesaid act prescribes inter ails that the ordinary original civil jurisdiction of the high court of judicature at fort william in bengal shall be exercised within the limits set out in the schedule. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal326,78CWN719
..... dated the 15th of may, 1972 (reported in : air1972cal470 ) discharging a rule in which the petitioners challenged the constitutionality of the letters patent of 1865, calcutta high court (jurisdictional limits) act of 1919 and section 34(2) and (3) of the advocates act, 1961. ..... , reported in : [1962]2scr762 , the supreme court held 'that considerations of bona fides or due diligence are always material and relevant when the court is dealing with applications made under section 14 of the limitation act. ..... john further submitted that in any event, on the facts and circumstances of the case, the delay in filing the petition may be condoned under section 5 of the limitation act as there was 'sufficient cause' for not preferring the appeal within the requisite period.mr. ..... it would appear that the petitioners have mainly relied on the provisions of section 14 of the limitation act in excluding the time they spent in proceeding before the supreme court. ..... he confessed that if the petitioners were not entitled to the benefits of section 14 of the limitation act the application indeed might be found wanting from the point of view of section 5. ..... immediately thereafter, it is submitted in the petition, that the counsel for the petitioners 'rushed to this court and with utmost diligence amidst uncertainty and cancellation of trains in the wake of power strike in uttar pradesh reached calcutta on the 22nd january, 1973 and filed this application on the next working day'. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H308; (1962)ILLJ579P& H
..... . atul chandra, air 1919 cal 381, where observations to the contrary were made by the calcutta high court and it was held that the benefit of section 14 cannot be allowed to a party for ..... dealing with this matter in his treatise on limitation act (sixth edition) at page 159 observe as under:'failure of a suit on the grounds that it is not maintainable or that it disclose no cause of action or is premature; such cases are not covered by section 14, as the suit fails, nor for defect of jurisdiction, etc ..... the earlier proceedings certainly were on the same cause of action and, therefore, he is entitled to the benefit of section 14 of the limitation act and if that benefit is allowed to him, it is stated by the learned counsel for the corporation, then the application would be ..... for permanent partial disablement had not arisen and, therefore, it was dismissed as premature and for proceedings which are taken at a time when cause of action had not arisen, no benefit under section 14 of the limitation act can be allowed to the corporation which has to file an application within the period prescribed under section 80 ..... as aforesaid the provisions of parts ii and iii of the india limitation act, 1908 shall so far as may be applied to every such ..... this application was opposed by the company on two grounds namely that it was barred by limitation and that there was no negligence or wrongful act on the part of the company which resulted in the accident giving rise to the claim .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... -until the crown shall otherwise provide under the powers of this act, all jurisdiction now exercised by the supreme courts of calcutta, madras and bombay respectively over inhabitants of such parts of india as may not be comprised within the local limits of the letters patent to be issued under this act establishing high courts at fort william, madras and bombay, shall be exercised by such high courts respectively. ..... a high court of judicature in any territory in british india, whether or not included within the limits of the local jurisdiction of another high court; and where a high court was so established in any area included within the limits of the local jurisdiction of another high court, the crown could by letters patent alter those limits in pursuance of the power conferred by the said section 113, letters patent were issued on february 9, 1916, establishing the high court of judicature at patna; on march 21, 1919, establishing the high court of judicature at lahore; and on january 2, 1936, establishing the high court .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All281
..... section 19 of the hindu marriageact, 1955, provides that,'every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction the marriage was solemnized or the husband and wife reside or last resided together,'a division bench of the calcutta high court in ajit kumar bhunia v. ..... reliance was placed by the learned judge on the full bench decision of the calcutta high court in rup keshwar lal's case (air 1916 cal 561) (supra).13. ..... in the above-mentioned case the decision of the calcutta high court in rup keshwar lal v. ..... a full bench of five judges of the calcutta high court in rup keshwar lal v. ..... pragdasji bhagwandasji (air 1935 bom 172) and the calcutta high court in muhammad musa v. ..... ram narain (air 1919 oudh, 311) that a district judge has power to transfer a suit under section 92 of the coda to an additional district judge, provided the assignment of such suits had been sanctioned in the manner required by section 7 of the oudh civil courts act. ..... ram narain (air 1919 oudh 311) (supra) were cited and followed with approval.12. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1950MP28; 1950CriLJ813
..... 8 of 1919 arid the limits to its authority to take cognizance of and adjudicate matters coming before it are prescribed in section 22 of the act which reads as follows:the high court shall be the highest court of appeal and revision in the united state-and shall have jurisdiction to entertain and dispose of such appeals, revisions and other case, civil and criminal as it may be empowered to do under this act any enactment in force in the united state.15. ..... charters and the subsequent letters patent conferred the common law jurisdiction to issue the writ on the calcutta, bombay and madras high courts. ..... s93, their lordships held that the high courts of calcutta, bombay and madras, possessed the power of issuing the writ of certiorari whether any of the other courts which are by definition high courts for the purposes of this act have the power to issue writs of certiorari is another question. ..... so far as this country is concerned, section 46, specific relief act now empowers the high courts of calcutta, madras and bombay and rangoon to make orders which secure the same results as the writ of mandamus, issued by the king's bench division and the conditions set forth in that section are substantially the ..... it was further held that patna high court does not possess any powers either under section 4, specific relief act or letters patent, to issue writs of mandamus similar to those possessed by the calcutta high court and the high court of bombay and madras. .....
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