G.B.PATTANAIK, R.P.SETHI, S.B.MAJMUDAR, UMESH C.BANERJEE, V.N.KHARE
State of A. P. – Appellant
Versus
State of Karnataka – Respondent
JUDGMENT
S.B.MAJMUDAR, J.
(1) I had the privilege of going through the draft judgment prepared by brother G.B. Pattanaik, J. in the aforesaid suit. I respectfully agree with the same. However, looking to the importance of two pivotal issues, being issue Nos. 2 and 9 (a), (b) & (c), I have thought it fit to supplement the reasoning in the aforesaid judgment by my concurring observations on these issues as under: ISSUE NO. 2 :
(2) HAS this Honble COURt jurisdiction to entertain and try this Suit? (MAH). Article 131 provides as under: "131. Original jurisdiction of the Supreme COURt-Subject to the provisions of this Constitution, the Supreme COURt shall, to the exclusion of any other COURt, have original jurisdiction in any dispute (a) XXX XXX XXX (b) xxx xxx xxx (c) between two or more States. If and in so far as the dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends: xxx xxx xxx
(3) WE are not concerned with the Proviso which deals with treaties and agreements entered into or executed before the commencement of the Constitution. As Article 131 itself is subject to the other provisions o
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