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february 2006

Supreme Court of India · 2006-02-03

Vidyawati Gupta & Ors vs Bhakti Hari Nayak & Ors

Citation / case number
AIR 2006 SUPREME COURT 1194
Court
Supreme Court of India
Petitioner
Vidyawati Gupta & Ors
Respondent
Bhakti Hari Nayak & Ors
Author
Altamas Kabir
Bench
B.P. Singh, Altamas Kabir

Judgment text excerpt

The Supreme Court examined the historical context of the Calcutta High Court's establishment under the Indian High Courts Act and the powers conferred by the Letters Patent, particularly Clause 37, which allows the High Court to regulate civil proceedings. The Court emphasized that the High Court must be guided by the Code of Civil Procedure, specifically Section 129, which empowers High Courts to create rules for their original civil jurisdiction. The judgment reaffirmed the validity of the Original Side Rules framed under these provisions, thereby upholding the autonomy of the High Court in procedural matters.

Vidyawati Gupta & Ors vs Bhakti Hari Nayak & Ors · Niyam