AIR 1984 KARNATAKA 140 ::(1983) 1 Kant LJ 529

Karnataka High Court

Hon'ble Judge(s): P. A. Kulkarni , J

Karnataka High Court Act (5 of 1962) , S.4, S.9(iii), S.14— Jurisdiction - Suit for declaration and injunction etc. cognizable subordinate Court - Subordinate Court closed on account of Dasara Vacation - High Court not being court of original jurisdiction cannot entertain suit at all even during Dasara vacation. Constitution of India , Art.215, Art.225— Mysore High Court Act (1 of 1884) , S.12— States Reorganisation Act (37 of 1956) , S.52, S.57— No Notification under Section 12 of Mysore High Court Act. 1 of 1884 conferring the original jurisdiction on the pre-existing or erstwhile Mysore High Court was issued. In the absence of any such Notification, even the erstwhile High Court had no original jurisdiction at all. If the erstwhile High Court had got the original jurisdiction, then there would have been some scope to argue that by virtue of Sections 52 and 57 of the States Reorganisation Act, 1956, the new High Court regulated by Karnataka Act 5 of 1962 could exercise original jurisdiction. Therefore, Sections 52 and 57 of the States Reorganisation Act will not be of much help to the plaintiff.(Para 8) Section 14 of the Karnataka Act 5 of 1962 has repealed Section 12 of the Mysore High Court Act, 1884 which enabled the Government to confer original jurisdiction on the erstwhile Mysore High Court, Therefore, it....