LAWS(BOM)-1992-4-34

JAMSHED N GUZDAR Vs. STATE OF MAHARASHTRA

Decided On April 29, 1992
JAMSHED N GUZDAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THE petitioner, who is the Chairman of Air-freight Limited and claims to be the Director of 14 other Public Companies espousing the cause of litigants in Greater Bombay by way of public interest litigation has filed this writ petition under Article 226 of the Constitution of India challenging the constitutional validity of the Bombay City Civil Court and Bombay Court of Small Causes (Enhancement of pecuniary Jurisdiction and Amendment) Act, 1986 (Maharashtra Act No. XV of 1987)-hereinafter referred to as "the impugned Act".

(2.) APART from challenging the competency of the State Legislature as regards the impugned Act the petitioner has also sought a declaration that the Notification dated 20th August, 1992 Exh. B to the petition, issued by the State of Maharashtra is illegal, arbitrary and violative of Article 14 and Article 19 (1) (g) of the Constitution of India.

(3.) THIS petition raises pure questions of law relating to the legislative competence of the State Legislature. In order to appreciate rival contentions raised before us we deem it necessary in the first instance to refer to the Bombay City Civil Court Act, 1948. On May 10, 1948, the Provincial Legislature of Bombay passed Act No. XL of 19 called "bombay City Civil Court Act", 1948. It was passed with a view "to established additional Civil Court for Greater Bombay". The provisions of the Act which are relevant of the purpose of the present petition may be set out :