INDU BHUSAN DE & ORS. versus THE STATE OF WEST BENGAL

INDU BHUSAN DE & ORS. versus THE STATE OF WEST BENGAL

The Calcutta City Civil Court Act, having received Presidential assent, was intra vires the Constitution; relevant legislative entries empower the State Legislature to define jurisdiction and powers of all courts except the Supreme Court, including changes to the jurisdiction of the High Court up to the specified...

Source-derived case information.

Parties
Appellant: Indu Bhusan De & Ors.; Respondent: The State of West Bengal
Jurisdiction
India
Judgment Date
12 August 1986
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate After Division Bench Judgment of Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Legislative Competence, Jurisdiction of Courts, Binding Precedent, Administration of Justice
Constitutional Law Civil Procedure Legislative Competence Jurisdiction of Courts Binding Precedent Administration of Justice

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Parties

Indu Bhusan De & Ors.

Appellant

The State of West Bengal

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate After Division Bench Judgment of Calcutta High Court

Legal Issues

  1. 1 Whether the Calcutta City Civil Court Act is ultra vires the Constitution for want of legislative competence of the State Legislature
  2. 2 Whether the Act can affect the jurisdiction of the High Court

Ratio Decidendi

The Calcutta City Civil Court Act, having received Presidential assent, was intra vires the Constitution; relevant legislative entries empower the State Legislature to define jurisdiction and powers of all courts except the Supreme Court, including changes to the jurisdiction of the High Court up to the specified pecuniary limit.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs in the Supreme Court