BISHAMBHAR DAYAL, R.J.BHAVE, K.L.PANDEY
GULABCHAND KAPURCHAND JAIN AND ORS. – Appellant
Versus
RUKMANIDEVI AND ORS. – Respondent
( 1 ) THIS case comes before us on account of somewhat divergent views expressed by S. B. Sen, J. and Oza J. about the competence of the President to issue under section 51 (2) of the States Reorganisation Act, 1956 any notification in so far as it may be regarded as (i) taking away the power of the Judges, sitting for the time being at the seat of one of the permanent Benches, to hear a case arising in a revenue District, the jurisdiction and power in regard to which are not given by the notification to that permanent Bench or (ii) as restrictively limiting the jurisdiction of a permanent Bench to cases mentioned in the notification relating to its constitution.
( 2 ) IN the course of his order Sen J. stated:
"from what we have stated earlier, It is clear that the notification of oza J. , however, had in mind another aspect of the question when he stated: "in the light of the discussion above, It appears that the contention that the President, acting under Section 51 (2) of the Act, had no power to prescribe the jurisdiction of the permanent Bench is without force. "
( 3 ) THE relevant notification relating to the permanent Bench at Indore reads:
"in exercise of the powers
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