INDU BHUSAN DE & ORS. versus THE STATE OF WEST BENGAL

Citation: [1986] 3 S.C.R. 547 · Decided: 12-08-1986 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Dismissed

Judgment (excerpt)

. " 
• 
INDU BHUSAN DE & ORS. 
v. 
THE STATE OF WEST BENGAL 
AUGUST 12, 1986 
[E.S. VENKATARAMIAH AND RANGANATH MISRA, JJ.] 
Calcutta City Civil Court Act (21of1953) section 5(2) fixing local 
limits and pecuniary jurisdiction of City Civil Courts-Whether the Act 
is ultra vires the Constitution for want of legislative competence of the 
State Legislature-Entry 53 of List I, Entries 1 and 2 of List II and 
Entry 15 of List Ill of the Government of India Act, 1935 (of Entry llA 
of List III of Schedule VII of the Constitution)-Binding nature of the 
Supreme Court decision-Constitution of India, 1950 Article 141. 
A 
B 
c 
- • .._ 
D 
'( 
The Calcutta City Civil Court Act empowered the State Govern-
ment to establish a civil court to be called the City Civil Court and 
under section 5(2) thereof the local limits and the jurisdiction of the City 
Civil Court was tu be the city of Calcutta. Section 5(2)·as it stands now 
f1Xed the jurisdiction of the City Civil Court at Rupees one lakh and 
excluded the High Court's jurisdiction up to that limit. 
E 
The appellant moved the Calcutta High Court for a declaration 
that the Act was ultra vires the jurisdiction of the State Legislature and 
contended that Parliament alone had the legislative competence to make 
law affecting the jurisdiction of the High 'Court. The learned Single 
Judge and also the Division Bench negatived the appellant's plea and 
held that the Act was intra vires the Constitution. Hence the appeal by 
certificate. 
Dismissing the appeal, the"Court, 
F 
HELD: I. Entries I and 2 of List II of the Government of India 
G 
Act, 1935 (now Entry llA of List ·m of the Seventh Schedule of the 
Constitution) authorised law making on subject of administration of 
justice, constitution and organisation of courts and jurisdiction and 
powers thereof excepting in regard to the Supreme Court. The Calcutta 
City Civil Court Act received the Presidential assent and was therefore, 
competent to bring about a change in the prevailing position obtaining 
H 
547 
A 
B 
c 
D 
E 
F 
G 
H 
548 
SUPREME COURT REPORTS 
[1986] 3 S.C.R. 
under the Letters Patent of the Calcutta High Court. [551E-G] 
2. In Narotham Das's case, the Supreme Court took the view 
namely, "administration of justice" authorised making of law confer-
ring on, or taking away from, courts, jurisdiction to entertain cases. 
Inasmuch as the provisions of the Bombay City Civil Court Act, 1948 
considered in Narotham Das's case and the provisions of the Calcutta 
Act, are in pari materia, the High Court correctly held that the Act was 
intra vires the Constitution. The decision of the Constitution Bench in 
Narotham Das's case is clear and binding precedent under Article 14 l 
of the Constitution, against the appellant's stand. [55JE-F; H) 
State of Bombay v. Narothamdas Jethabhai & Anr., [1951) 
S.C.R. SJ, followed. 
Amarendra Nath Roy Chowdhury v. Bikash Chandra Chose & 
Anr., A.LR. 1957 Calcutta 534, approved. 
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2065 
of 1971 
· 
From the Judgment and Order dated 28.7.1970 of the Calcutta 
High Court in Original Order No. 125 of 1970. 
B.P. Maheshwari, S.N. Aggarwal and B.M. Bagaria for the 
Appellants. 
D.N. Mukarjee and G.S. Chatterjee forthe Respondents. 
The,Judgment of the Court was delivered by 
RANGANATH MISRA, J. This appeal by certificate from the 
Calcutta High Court assails the affirming judgment of the Division 
Bench upholding the dismissal of a writ petition challenging the vires 
of the Calcutta City Civil Court Act (21of1953) and its later amend-
ment on the ground of want of legislative competence of the State 
Legislature. The City Civil Court Act ('Act' for short), empowered the 
State Government to establish a civil court to be called the City Civil 
Court and under section 5 thereof the local limits and the jurisdiction 
of the City Civil Court was to be the city gf Calcutta. Sub-section (2) of 
s. 5 ptovided: 
"Subject to the provisions of sub-sections (3) and (4), the 
.... 
INDU Bf!'USAN v. STATE OF W.B. [MISRA. J.] 
549 
City Civil Court shall have jurisdiction and the High·Court 
shall not have jurisdiction to try suits and proceedings of a 
·civil nature not exceeding Rs.10,000-in value." 
The value of Rs.10,000 was later enhanced to Rs.50,000 and 
again to Rs. 1 lakh. The appellant moved the Calcutta High Court for 
a declaration that the Act was ultra vires the ~tate legislature. It was 
'contended that Parliament alone had the legislat

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