EMPEROR Vs. GHURE

JUDGEMENT

(1.) A preliminary objection was taken to the heating of this appeal on behalf of the accused. It is contended that this High Court is no longer properly constituted by reason of the fact that some years ago a sixth Puisne Judge was appointed. In our opinion there is no force in the contention. Under 24 and 25 Vict., Chap. 104, Section 16, the Sovereign was authorized by Letters Patent to establish at any time thereafter a High Court of Judicature in the territories of India other than those comprised within the jurisdiction of the other High Courts. The only limit as to the number and qualifications of the Judges was as therein stated. By Letters Patent, dated the 17th day of March of the twenty-ninth year of the reign of Queen Victoria Her Majesty was pleased to constitute a High Court for the North-Western Provinces in these words: Section 1. Now know ye that We upon full consideration of the premises and of Our special grace certain knowledge and mere motion have thought fit to erect and establish and by these presents We do accordingly for Us, Our heirs and successors erect and establish for the North-Western Provinces of the Presidency of Fort William aforesaid a High Court of Judicature which shall be called The High Court of Judicature for the North-Western Provinces . And We do hereby constitute the said Court to be a Court of Record."

(2.) Section 2 is in these words: And We do hereby appoint and ordain that the said High Court of Judicature for the North-Western Provinces shall until further or other provision shall be made by Us or Our heirs and successors in that behalf in accordance with the said recited Act consist of a Chief Justice and five Judges * * *."

(3.) In our opinion it was perfectly competent by Letters Patent to appoint a sixth Judge. We accordingly overrule the preliminary objection.