SIDDAMMA AND Vs. NANJE GOWDA

JUDGEMENT

(1.) A preliminary objection is raised to the appeal being heard by a single Judge on the ground that all appeals are required to be heard by a Bench of not less than two Judges of the Court under Section 15 of the Mysore High Court Act and that the amendment of this by Act 35 of 1951 providing for second Appeals in which the value of subject-matter is not more than Rs. 3,000/- being decided by a Judge sitting along is ultra vires. Act 35 of 1951 came into force on 18th December 1951 and all second appeals were being heard till now by a Bench of two Judges, irrespective of the value of subject-matter. The validity of this Act is questioned not because of any doubt about the hearing of the appeal or the decision by a single Judge being fair but on the score of want of authority for the State Legislature to alter existing laws at the time of the Constitution relating to the High Court. Articles 225 and 372 are referred to for the law prevalent on the date of the Constitution continuing to be in operation and Entry 78 in List 1 (Union List), viz. :

(2.) The objection in my opinion is untenable and I overrule it. (The rest of the judgment is not worth reporting--Editor.)

(3.) Objection overruled.