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february 2006

Supreme Court of India · 2006-02-03

VIDYAWATI GUPTA vs BHAKTI HARI NAYAK .

Citation / case number
SC 2004/14666
Court
Supreme Court of India
Petitioner
VIDYAWATI GUPTA
Respondent
BHAKTI HARI NAYAK .
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR B.P. SINGH

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's Original Side Rules must align with the provisions of the Code of Civil Procedure, specifically Section 129, which grants High Courts the authority to create rules for their original civil procedure. The judgment reaffirmed the High Court's autonomy in procedural matters while ensuring adherence to legislative guidelines.

VIDYAWATI GUPTA vs BHAKTI HARI NAYAK . · Niyam