9911796707
TMI Blog2000 (12) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... In exercise of the powers conferred by sub- section (2) of Section 51 of the States Reorganisation Act, 1956 (37 of 1956), the President, after consultation with the Governor of Rajasthan and the Chief Justice of the High Court of Rajasthan, is pleased to make the following Order, namely :- 1. Short title and Commencement __ (1). This Order may be called the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976. (2) It shall come into force on the 31st day of January, 1977. 2. Establishment of a Permanent Bench of the Rajasthan High Court at Jaipur- There shall be established a permanent Bench of the High Court of Rajasthan at Jaipur, and such Judges of the High Court of Rajasthan, being not less than five in number, as the Chief Justice of that High Court may, from time to time nominate, shall sit at Jaipur in order to exercise the jurisdiction and power for the time being vested in that High Court in respect of cases arising in the districts of Ajmer, Alwar, Bharatpur, Bundi, Jaipur, Jhalawar, Jhunjhunu, Kotah, Sawai Madhopur, Sikar and Tonk. Provided that the Chief Justice of that High Court may, in his discretion, order that any case or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... writ case shall be deemed to arise in the district where the cause of action for issuing the first order pertaining to that case passed by a Court, tribunal or authority has arisen irrespective of the district in which the appeal or revision from that order is heard and irrespective also of the fact whether or not there has been any modification or reversal of the order in appeal or revision. Sd/- Ved Pal Tyagi CHIEF JUSTICE 12-1-77. The validity of the Presidential Order dated December 8, 1976 as also of the abovesaid orders of the Acting Chief Justice was put in issue on very many grounds but the same was turned down by a Division Bench of the High Court of Rajasthan. (See Ram Rakh Vs. Union of India Ors. - AIR 1977 Rajasthan 243). Briefly it may be stated that the grounds on which challenge was laid to the order of the Acting Chief Justice were : (1) Unless the High Court of Rajasthan (Establishment of a Permanent Bench at Jaipur) Order, 1976 comes into force, the Acting Chief Justice could not have passed any order under its authority; (2) The Acting Chief Justice could not have passed any order for the transfer of pending cases or the cases instituted at the main seat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has filed this appeal by special leave. The order of the Chief Justice, whereto is appended the impugned explanation, refers to the Presidential Order, sub-section (2) of Section 44 of the Rajasthan High Court Ordinance, 1949 and Sections 54 and 57 of the States Reorganisation Act, 1956 as the sources of power exercised in issuing the notification. We will deal with each one of the three. The Presidential Order having established a permanent bench of the High Court of Rajasthan at Jaipur and having appointed the minimum number of judges as would sit at Jaipur proceeded to declare that the permanent bench seat at Jaipur shall exercise the jurisdiction and power for the time being vested in the High Court in respect of cases arising in the districts, 11 in number, as mentioned therein. A discretionary jurisdiction is also conferred on the Chief Justice of the High Court to order that any case or class of cases arising in any district forming part of territorial jurisdiction of the permanent bench at Jaipur shall be heard at Jodhpur (principal seat). The Presidential Order is clear. The jurisidiction allocated to the permanent bench at Jaipur is by reference to territory covered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n rules, provide as it thinks fit for the exercise by one or more Judges, or by Division Courts constituted by two or more Judges of the High Court, of its original and appellate jurisdiction. (2) The Chief Justice shall be responsible for the distribution and conduct of the business of the High Court, and shall determine which Judge in each case will sit alone and which Judges of the Court will constitute a Bench. (3) The administrative control of the High Court shall vest in the Chief Justice who may exercise it in such manner and after such consultation with the other Judges as he may think fit or may delegate such of his functions as he deems fit to any other Judges of the High Court. Sub-section (2) abovesaid has to be read along with sub-section (1). It entrusts the Chief Justice with responsibility for distribution and conduct of the business of the High Court and to determine which Judge shall sit singly and which in a Bench. The responsibility entrusted carries with it, as a necessary concomitant, the power needed in the Chief Justice to effectively fulfil the responsibility. The provision is what is popularly called, a power to frame a roster. This provision too ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original order was passed at a place outside the areas in Oudh. It may be that the original order was in favour of the person applying for a writ. In such case an adverse appellate order might be the cause of action. The expression cause of action is well-known. If the cause of action arises wholly or in part at a place within the specified Oudh areas, the Lucknow Bench will have jurisdiction. If the cause of action arises wholly within the specified Oudh areas, it is indisputable that the Lucknow Bench would have exclusive jurisdiction in such a matter. If the cause of action arises in part within the specified areas in Oudh it would be open to the litigant who is the dominus litis to have his forum conveniens. The litigant has the right to go to a Court where part of his cause of action arises. In such cases, it is incorrect to say that the litigant chooses any particular Court. The choice is by reason of the jurisdiction of the Court being attracted by part of cause of action arising within the jurisdiction of the Court. Similarly, if the cause of action can be said to have arisen partly within specified areas in Oudh and partly outside the specified Oudh areas, the litigan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... action or to declare where it would be deemed to have arisen so as to lay down artificial or deeming test for determining territorial jurisdiction over an individual case or class of cases. The permanent bench at Jaipur has been established by the Presidential Order issued under sub-section (2) of Section 51 of the Act. The territorial jurisdiction of the permanent bench at Jaipur is to be exercised in respect of the cases arising in the specified districts. Whether the case arises from one of the specified districts or not so as to determine the jurisdictional competence to hear by reference to territory bifurcated between the principal seat and the bench seat, shall be an issue to be decided in an individual case by the judge or judges hearing the matter if a question may arise in that regard. The impugned explanation appended to the Order of the Chief Justice dated 23rd December, 1976 runs counter to the Presidential Order and in a sense it is an inroad into the jurisdiction of the judges hearing a particular case or cases, pre-empting a decision to be given in the facts of individual case whether it can be said to have arisen in the territory of a particular district. The High ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
