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1971 Supreme(All) 270

S.L.SRIVASTAVA, S.N.DWIVEDI, R.S.PATHAK, G.C.MATHUR, SATISHCHANDRA
Nirmal Dass Khaturia – Appellant
Versus
The State Transport (Appellate) Tribunal, U. P. Lucknow – Respondent


Advocates:
M.A. Ansari and L.P. Naithani, for Petitioners; Standing Counsel, for Opposite Parties.

Judgement

PATHAK, J. (for himself and for Hon. G.C. Mathur, Satish Chandra and G.S.L. Srivastava, JJ.):- This reference by a Division Bench raises some important questions concerning the respective areas of jurisdiction of the judges of this Court sitting at Allahabad and the judges of this Court sitting at Lucknow.

2. In the instant writ petition, the following four questions have been referred for the opinion of the Full Bench:

"1. Can a case falling within the jurisdiction of the Lucknow Bench of this Court be presented at Allahabad?

2. Can the Judges sitting at Allahabad summarily dismiss a case, presented at Allahabad, pertaining to the jurisdiction of the Lucknow Bench?

3. Can a case pertaining to the jurisdiction of the Lucknow Bench, presented and entertained at Allahabad, be decided finally by the judges sitting at Allahabad, without there being an order as contemplated by the second proviso to Art.14 of the U.P. High Courts (Amalgamation) Order, 1948?

4. What is the meaning of the expression "in respect of cases arising in such areas in Oudh" used in the first proviso to Art.14 of the High Courts (Amalgamation) Order, 1948? Has this expression reference to the place where the c









































































































































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