AIR 2006 MADRAS 159 ::2006 (4) Civ LJ 332 ::(2006) 2 CurCC 389 ::(2006) 2 CTC 131 (MAD) ::2006 (1) MadLW 711 ::2006 (1) MadLJ418

Madras High Court

Hon'ble Judge(s): S. R. Singharavelu , J

Civil P.C. (5 of 1908) , S.24(1)(b)— Madras High Court (Establishment of Permanent Bench at Madurai) Order (2004) , Proviso— Transfer of case - @page-Mad160Power of High Court - 'Subordinate Court' - Means all Courts subordinate to High Court including Court of Small Causes - Courts lying within jurisdiction of Permanent Bench at Madurai can be termed as subordinate to principal seat at Madras - Thus High Court at Madras can exercise its power and transfer case falling within territorial jurisdiction of permanent Bench at Madurai to other Court falling within territorial jurisdiction of principal Bench. The Courts functioning in the Districts, Territorial jurisdiction of which was vested with permanent Bench at Madurai will be called as Courts subordinate to the principal Bench at Madras. It is thus the principal seat at Madras is delegated with the power of appellate authority over cases arising from the Districts allotted to permanent Bench at Madurai. When once this element is proved, then both the Presiding Officers and the Courts of the Districts falling within the territorial jurisdiction of the permanent Bench at Madurai will be considered as subordinate also to the principal seat at Madras. Moreover, it cannot be said that simply because the jurisdiction was bifurcated between the Permanent and Principal Bench, the Courts and the offic....