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1953 Supreme(All) 151

B.D.MUKERJI
Basheshwar Nath – Appellant
Versus
State – Respondent


Advocates:
Gyanchandra Kumar, for Applicant; Brij Lal Gupta, for the State.

ORDER :- This is an application for the transfer of a case pending in the Court of Sri A.N. Singh, Judicial Magistrate 1st class, Hardoi, to some Magistrate at Allahabad, competent to try it.

2. On behalf of the State a preliminary objection is taken to the hearing of this application by this Court on the ground that this Court has no jurisdiction under the provisions of the U.P. High Courts (Amalgamation) Order, 1948, inasmuch as the case in respect of which relief is claimed from this Court is pending within the jurisdiction, of the Lucknow Bench or is one in respect of which the Lucknow Bench alone can exercise jurisdiction.

3. The relevant clause in the Amalgamation Order is cl. 14. Clause 14 is in these words :

"The new High Court, and the Judges and Division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United Provinces, appoint :

Provided that unless the Governor of the United Provinces, with the concurrence of the Chief Justice, otherwise directs, such judges of the new High Court, not less than two in number, as the Chief Justice may, from time to time nominate, shall s





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