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1952 Supreme(Cal) 229

BOSE
MANMULL JAIN – Appellant
Versus
N. C. PUTATUNDA – Respondent


Advocates Appeared:
G.P.KAR, HEMENDRA KUMAR DAS, Smriti Kumar Roy Chaudhury, SURATHI MOHAN SANYAL

Judgement Key Points

The paragraph that states the High Court has the jurisdiction to lay down law on its own jurisdiction is the one where the court clarifies that its authority to determine its jurisdiction is constrained and defined by the applicable legal statutes and orders, rather than being a matter of the court independently establishing such jurisdiction. It emphasizes that the High Court's power to interpret and enforce its jurisdiction is limited by the legal framework in place, and it cannot extend its jurisdiction beyond what is permitted by those laws and regulations.

This paragraph underscores the principle that the High Court has the inherent power to determine its own jurisdiction within the bounds of the law, rather than having an unfettered or independent authority to do so outside the statutory framework (!) .


BOSE, J.

( 1 ) THIS is an application under Article 226 of the Constitution for an appropriate writ directing the respondent to forbear from giving effect to a notice of demand dated 8-5-1952 and a summons dated 13-5-1952 issued by the respondent calling upon the petitioner to pay a certain sum by way of petrol duty, and also to forbear from giving effect to a resolution dated 19-12-1951 and an order dated 4-4-1952 under which the said petrol duty has been purported to have been imposed upon the petitioner.

( 2 ) THE case of the petitioner is that he carries on a business amongst other places in the city of Chandernagore as Agent of Burmah-Shell Oil Storage and Distributing Co. of India Ltd. under the name and style of Hind Trading Co. and as such runs a Petrol Pump at Burra Bazar, Grand Trunk Road in the City of Chandernagore. The said Petrol Pump yields a daily average cash sale of about Rs. 500/ -. By a decree of the President of the Council of Ministers of the Republic of Prance, Chandernagore was declared a free city. In July 1949 there was a referendum in Chandernagore relating to the question of transfer of the City of Chandernagore to the Indian Union. By a provisional Fr










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