GULABCHAND KAPURCHAND JAIN Vs. RUKMANIDEVI

JUDGEMENT

(1.) THIS case comes before us on account of somewhat divergent views expressed by S. B. Sen, J. and Oza J. about the competence of the President to issue under section 51 (2) of the States Reorganisation Act, 1956 any notification in so far as it may be regarded as (i) taking away the power of the Judges, sitting for the time being at the seat of one of the permanent Benches, to hear a case arising in a revenue District, the jurisdiction and power in regard to which are not given by the notification to that permanent Bench or (ii) as restrictively limiting the jurisdiction of a permanent Bench to cases mentioned in the notification relating to its constitution.

(2.) IN the course of his order Sen J. stated:

(3.) THE relevant notification relating to the permanent Bench at Indore reads: