V K WALNEKAR Vs. BILASPUR RAIPUR KSHETRIYA GRAMIN BANK
HIGH COURT OF CHHATTISGARH
BILASPUR RAIPUR KSHETRIYA GRAMIN BANK
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SUNIL KUMAR SINHA, J. -
(1.) In this batch of appeals, a question to be consid- ered is whether the Letters Patent Appeals are maintainable in this High Court?
(2.) The resume necessary for adjudication is as under: The State of Chhattisgarh came into existence on 1st of November 2000, that is the appointed day, pursuant to M. P. Reorganisation Act 2000 (hereinafter referred to as 'the Act of 2000). It is a successor State. Part IV of the Act of 2000 relates to establishment of the High Court. Section 21 provides that from the appointed day. there shall be a separate High Court for the State of Chhattisgarh (hereinafter referred as 'the High Court of Chhattisgarh') and the High Court of Madhya Pradesh shall become the High Court for the State of Madhya Pradesh. Section 22 provides for Judges of Chhattisgarh High Court and Section 23 provides for the jurisdiction of the Chhattisgarh High Court. It has been stipulated in the Act of 2000 that the High Court of Chhattisgarh shall have, in respect of any part of the territories included in the State of Chhattisgarh, all such jurisdiction, powers and authority, as under the law in force immediately before the appointed day are exercisable in respect to that part of the said territories by High Court of Madhya Pradesh. Section 25 provides for practice and procedure of the High Court of Chhattisgarh. It has been provided that subject to the provisions of Part IV, the law in force immediately before the appointed day with respect to practice and procedure in the High Court of Madhya Pradesh shall, with necessary modifications, apply in relation to the High Court of Chhattisgarh and accordingly, the High Court of Chhattisgarh shall have all such powers to make rules and orders with respect to practice and procedure.
(3.) Since the date of its formation, admittedly, the High Court of Madhya Pradesh was having jurisdiction to entertain the Letters Patent Appeals and such appeals were frequently entertained. This jurisdiction of appeal which was originally conferred under Clause 10 of the Letters Patent of the Nagpur High Court continued in the High Court of Madhya Pradesh also.;
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