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1970 Supreme(Cal) 167

ARUN KUMAR MUKHERJEE, SABYASACHI MUKHARJEE
INDU BHUSAN – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
A.K.BASU CHOUDHURY, M.M.SEN, S.C.DAS GUPTA, S.SEN, Saraf

MUKHARJI, J.

( 1 ) THIS is an appeal against the order and judgment of P. K. Banerjee, J. dated November 25, 1969, rejecting the petitioners' application under Article 226 of the Constitution without issuing a Rule Nisi. The petitioners are the three practicing Attorneys of this High Court, and in the petition there was a prayer for leave under Order 1, Rule 8 of the Code of Civil Procedure. During the hearing of this appeal the learned Advocate for the petitioners abandoned the prayer for leave under Order 1, Rule 8 of the Code of Civil Procedure. The application has, therefore, been treated as an application by the three named petitioners in their individual capacity and not in their representative capacity. In the application the petitioners challenge the establishment of the City Civil Court by the City Civil Court Act, 1953 (West Bengal Act XXI of 1953) and the amendment of the said Act by the City Civil Court (Amendment) Act, 1969, being West Bengal Act XXXV of 1969, and notification made on November 14, 1969, relating thereto as ultra vires the powers of the State Legislature. The application was moved before P. K. Banerji, J. who, as mentioned hereinbefore, declined to iss


















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