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    <title>1961 (5) TMI 72 - CALCUTTA HIGH COURT (LB)</title>
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    <description>Regulation of a High Court&#039;s vacations and sittings was treated as part of the administration of justice under Article 225, so Parliament lacked competence to enact Section 23A of the High Court Judges (Conditions of Service) Act, 1954; the provision was therefore ultra vires and the Presidential order made under it invalid. The application nevertheless failed because the challenge was procedurally defective: objections based on writ jurisdiction, missing necessary parties, territorial jurisdiction, and the form of relief were substantial, and no effective relief could be granted on the application as constituted. The applicants had sufficient legal interest, but that did not cure the jurisdictional and party-constitution defects.</description>
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    <pubDate>Wed, 31 May 1961 00:00:00 +0530</pubDate>
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      <title>1961 (5) TMI 72 - CALCUTTA HIGH COURT (LB)</title>
      <link>https://www.taxtmi.com/caselaws?id=458328</link>
      <description>Regulation of a High Court&#039;s vacations and sittings was treated as part of the administration of justice under Article 225, so Parliament lacked competence to enact Section 23A of the High Court Judges (Conditions of Service) Act, 1954; the provision was therefore ultra vires and the Presidential order made under it invalid. The application nevertheless failed because the challenge was procedurally defective: objections based on writ jurisdiction, missing necessary parties, territorial jurisdiction, and the form of relief were substantial, and no effective relief could be granted on the application as constituted. The applicants had sufficient legal interest, but that did not cure the jurisdictional and party-constitution defects.</description>
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      <pubDate>Wed, 31 May 1961 00:00:00 +0530</pubDate>
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