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december 1950

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.

THE STATE OF TRIPURA vs THE PROVINCE OF EAST BENGALUNION OF INDIA--INTERVENER · Niyam