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2014 Supreme(Bom) 2268

ABHAY SHREENIWAS OKA, G.S.KULKARNI
Lawyers' Forum for General Utility & Litigating Public – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Satish B. Talekar, President and Party-in-Person.
For Respondents/Defendant:V.S. Gokhale, AGP, E.P. Bharucha, Senior Advocate, Arzan Balsara and Sanjay Udeshi i/by Sanjay Udeshi & Co.

JUDGMENT

ABHAY SHREENIWAS OKA, J.

1. An important issue is raised in these proceedings regarding the powers of the Chief Justice of this Court to transfer a matter pending before a Bench of this Court to its principal seat by exercising administrative powers vesting in him as the Master of Roster. Another important issue involved in these Petitions is as regards the legality and validity of the Proviso to Rule 2 of Chapter XXXI of the Bombay High Court (Appellate Side) Rules, 1960 (for short "the Appellate Side Rules"). This challenge is in Writ Petition No. 1860 of 2014 (which is transferred from the Bench at Aurangabad). In Writ Petition No. 8182 of 2012, the challenge is to the legality and validity of the general orders dated 24th February 1993 and 6th January 2010 issued under the directions of the Hon'ble the Chief Justice of this Court on the administrative side by which he directed that certain categories of matters pending at Panaji, Aurangabad and Nagpur Benches of this Court stand transferred to the principal seat of this Court at Mumbai. The said orders have been passed in exercise of powers under Rules 1, 2 and 3 of Chapter XXXI of the Appellate Side Rules. In Writ Peti







































































































































































































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