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R.C.LAHOTI, SHIVARAJ V.PATIL
Rajasthan High Court Advocates Association – Appellant
Versus
Union Of India – Respondent
The principle that the High Court's jurisdiction is limited to its territorial boundaries is generally articulated in the initial paragraphs of judgments or legal discussions concerning jurisdictional limits. It is often stated that the High Court's authority extends only within the territorial limits for which it has been constituted, and it cannot exercise jurisdiction outside those limits. This is typically emphasized in the context of establishing the scope of judicial power and ensuring that cases are heard by the appropriate territorial jurisdiction, based on the location of the cause of action or the residence of the parties involved. The court explicitly notes that jurisdiction cannot be extended beyond the territorial boundaries set by law or constitutional provisions, and any attempt to do so is not permissible (!) .
JUDGMENT
R.C. Lahoti, J.-The present State of Rajasthan came into being on November 1, 1956 in accordance with the States Reorganisation Act, 1956 (hereinafter the Act ) consisting of the territories mentioned in Section 10 thereof. Sub-section (2) of Section 49 mandates a High Court being established for the new State of Rajasthan as from the appointed day, i.e., November 1, 1956. On October 27, 1956, the President of India in exercise of the powers conferred by sub-section (1) of Section 51 of the Act, directed Jodhpur to be the principal seat of the new High Court for the State of Rajasthan. Initially the Chief Justice of the State established a temporary bench of the High Court of Rajasthan at Jaipur but eventually exercising the power conferred by sub-section (2) of Section 51 of the Act the President, on January 31, 1977 (sic) (December 8, 1976) issued an Order which reads as under:-
"In exercise of the powers conferred by sub-section (2) of Section 51 of the States Reorganisation Act, 1956 (37 of 1956), the President, after consultation with the Governor of Rajasthan and the Chief Justice of the High Court of Rajasthan, is pleased to make the following Order, namely:-
1. Short
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