- (1.) THIS is an application for the transfer of a case pending in the Court of Sri A. N. Singh, judicial Magistrate 1st class, Hardoi, to some Magistrate at Allahabad, competent to try it.
(2.) ON behalf of the State a preliminary objection is taken to the hearing of this application by this court on the ground that this Court has no jurisdiction under the provisions of the U. P. High courts (Amalgamation) Order, 1948, inasmuch as the case in respect of which relief is claimed from this Court is pending within the jurisdiction of the Lucknow Bench or is one in respect of which the Lucknow Bench alone can exercise jurisdiction.
(3.) THE relevant clause in the Amalgamation Order is Clause 14. Clause 14 is in these words : "the new High Court, and the Judges and Division Courts thereof, shall sit at Allahabad or at such other places in the United Provinces as the Chief Justice may, with the approval of the Governor of the United Provinces, appoint : provided that unless the Governor of the United Provinces, with the concurrence of the Chief justice, otherwise directs, such judges of the new High Court, not less than two in number, as the chief Justice may, from time to time nominate, shall sit at Lucknow in order to exercise in respect of cases arising in such areas in Oudh, as the Chief Justice may direct, the jurisdiction and power for the time being vested in the new High Court : provided further that the Chief Justice may in his discretion order that any case or class of cases arising in the said areas shall be heard at Allahabad. ";