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Issues: Jurisdiction of Lucknow Bench, Transfer of Cases, Malpractice in Filing Petitions
In this judgment by the Allahabad High Court, the main issue revolved around the jurisdiction of the Lucknow Bench in entertaining cases that did not fall within its territorial jurisdiction. The court highlighted a malpractice where cases unrelated to the Lucknow Bench were being filed there artificially to create jurisdiction. The judgment emphasized the historical significance and principal seat of the Allahabad High Court, pointing out that cases not related to Lucknow should be filed in Allahabad or the appropriate jurisdiction. The court referenced Clause 14 of the High Court Amalgamation Order, 1948, which specified the sitting locations of the High Court and the conditions under which cases could be transferred between benches. The court noted that despite the existence of the Lucknow Bench, the principal seat of the Allahabad High Court remained at Allahabad. It highlighted the importance of adhering to the provisions of the Amalgamation Order and ensuring that cases are filed in the correct jurisdiction based on the location of the cause of action. The judgment stressed that the malpractice of filing cases in the wrong bench needed to be stopped, and cases should be transferred to the appropriate jurisdiction promptly. Furthermore, the court directed the Registry at both Allahabad and Lucknow to assess each case to determine if the cause of action fell within the jurisdiction of the respective bench. The judgment also called for uniformity in the reporting process and emphasized the need for diligence in verifying the territorial jurisdiction before accepting cases for filing. The court instructed the Registrar General to investigate cases filed in the wrong jurisdiction and transfer records to the correct bench, ensuring compliance with the legal provisions and preventing the continuation of the malpractice observed.
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