Supreme Court of India · 1950-12-20
THE STATE OF TRIPURA vs THE PROVINCE OF EAST BENGALUNION OF INDIA--INTERVENER
- Citation / case number
- SC 1950/24
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF TRIPURA
- Respondent
- THE PROVINCE OF EAST BENGALUNION OF INDIA--INTERVENER
- Bench
- KANIA, HIRALAL J. (CJ),FAZAL ALI, SAIYID,SASTRI, M. PATANJALI,MUKHERJEA, B.K.,AIYAR, N. CHANDRASEKHARA
Judgment text excerpt
The Supreme Court upheld the validity of the Bombay City Civil Court Act, 1948, affirming that it pertains to matters within List II of the Government of India Act, 1935, and is not ultra vires. The Court clarified that the Provincial Legislature has the authority to define the jurisdiction of courts, and the delegation of power to the Provincial Government under Section 4 does not constitute an unlawful delegation of legislative authority. Consequently, the suit filed in the High Court was deemed not cognizable there, as the City Civil Court had the requisite jurisdiction.