S.M.N.RAINA, J.P.BAJPAI, S.S.SHARMA, S.R.VYAS, G.L.OZA
ABDUL TAIYAB ABBAS BHAI MALIK – Appellant
Versus
UNION OF INDIA (UOI) – Respondent
( 1 ) THIS is a petition filed by the petitioners for a certificate under Articles 132 and 133 of the Constitution of India.
( 2 ) LEARNED counsel appearing for the petitioners contended that in so far as the notification by the President of India constituting permanent Benches under section 51 (2) of the States Reorganisation Act is concerned, it involves a question about the interpretation of Articles 2, 3, 4 and Entry 78, List I, of the seventh Schedule of the Constitution. It is also contended that as regards the decision about the vires of Section 51 (2) of the States Reorganisation Act, although the decision is unanimous, but still it involves a substantial question of law, and the petitioners are entitled to a certificate under Article 133 of the constitution of India. As regards the question of locus standi of the petitioners and the question about the jurisdiction of the Benches vis-a-vis the principal seat, it was contended that there being difference of opinion in the judgment of this Court it itself indicates that it involves a substantial question of law of general importance. Learned counsel placed reliance on the decisions of their lordships of the Supreme Co
REFERRED TO : Chunilal V. Mehta v. Century Spinning and Manufacturing Co. Ltd.
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Keshvanand Bharti v. State of Kerala
State of Bombay v. Narotlamdas
Calcutta Gas Co. v. State of West Bengal
State Bank of India v. N.S. Money
Mangal Singh v. Union of India
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