AIR 1982 SUPREME COURT 1198 ::1982 UJ (SC) 368 ::1982 (2) SCC 440

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): A. P. Sen, E. S. Venkataramiah, R. B. Misra , JJJ

States Reorganisation Act (37 of 1956) , S.51(3), S.41— Establishment of Bench of Bombay High Court at Aurangabad - Notification dt. 27-12-1981 issued by Chief Justice of Bombay High Court - Not illegal or unconstitutional Decision dt. 14-12-1981 of Bombay H. C., Reversed. Constitution of India , Art.3, Art.4— General Clauses Act (10 of 1897) , S.14— Notification No. P-6303/81 dated Aug. 27, 1981 issued by the Chief Justice of the Bombay High Court in exercise of his powers under sub-sec. (3) of S. 51 of the States Reorganisation Act, 1956 with the prior approval of the Governor of Maharashtra, by which he appointed Aurangabad as a place at which the Judges and Division Courts of the Bombay High Court shall also sit w.e.f. August 27, 1981, does not suffer from any infirmity, legal or constitutional.(Para 2 3 4 5) It cannot be said that the High Court of Bombay was not the High Court for the new State of Bombay within the meaning of sub-sec. (1) of S. 49 of the Act. The Bombay Reorganisation Act (IIof 1960) provides, inter alia, by sub-section (1) of Sec. 28 that, as from the appointed day, there shall be a separate High Court for the State of Gujarat. It is significant that the Bombay Reorganisation Act, 1960 contains no similar provision with rega....