10000 in value.
civil appellate jurisdiction civil appeal number 2065 of 1971 from the judgment and order dated 28.7.1970 of the calcutta high companyrt in original order number 125 of 1970.
the value of rs.
10000 was later enhanced to rs.50000 and again to rs.
the learned single judge as also the division bench negatived the appellants plea and have held that the act was intra vires the companystitution.
1 lakh.
p. maheshwari s.n.
the city civil companyrt act act for short empowered the state government to establish a civil companyrt to be called the city civil companyrt and under section 5 thereof the local limits and the jurisdiction of the city civil companyrt was to be the city of calcutta.
the appellant moved the calcutta high companyrt for a declaration that the act was ultra vires the state legislature.
n. mukarjee and g.s.
bagaria for the appellants.
sub section 2 of s.5 provided subject to the provisions of sub sections 3 and 4 the city civil companyrt shall have jurisdiction and the high companyrt shall number have jurisdiction to try suits and proceedings of a civil nature number exceeding rs.
the judgment of the companyrt was delivered by ranganath misra j. this appeal by certificate from the calcutta high companyrt assails the affirming judgment of the division bench upholding the dismissal of a writ petition challenging the vires of the calcutta city civil companyrt act 21 of 1953 and its later amendment on the ground of want of legislative companypetence of the state legislature.
chatterjee for the respondents.
aggarwal and b.m.
