TMI Blog2001 (3) TMI 1064X X X X Extracts X X X X X X X X Extracts X X X X ..... on behalf of the petitioner would strenuously urge that having regard to the fact that Article 39A of the Constitution of India postulates effective and speedy justice at the door step of the litigant and the Legal Services Authority Act, 1987 having been enacted to achieve the said purpose, the impugned Act must be held to be ultra vires having regard to the difficulties which may be faced by a large number of litigants like the petitioner. Accordingly the learned Counsel, in a situation of this nature even Article 21 of the Constitution of India would be attracted. 3. Section 16 of the A.P. Civil Courts Act, 1972 is as follows: Jurisdiction of District Judge, Senior Civil Judge and Junior Civil Judge in Original Suits and other proceedings :-- (1) The pecuniary jurisdiction of a District Judge, shall subject to the provisions of the Code of Civil Procedure, 1908 and the other provisions of this Act, extend to all Original Suits and proceedings of a civil nature including Land Acquisition Original Petitions, the amount or value of the subject-matter of which exceeds rupees five lakhs. (2) The pecuniary jurisdiction of a Senior Civil Judge shall extend to all like suit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... land acquisition original petitions not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject-matter of which exceeds rupees one lakh but does not exceed rupees five lakhs. (3) The pecuniary jurisdiction of a Junior Civil Judge shall extend to all like suits and proceedings, not otherwise exempted from his cognizance under any other law for the time being in force, the amount or value of the subject-matter of which does not exceed rupees one lakh . 5. The said Act has undergone a further amendment by reason of A.P. Civil Courts (Amendment) Act, 2000 (Act No.28 of 2000) whereby the pecuniary jurisdiction of Senior Civil Judge has been raised from ₹ 5 lakhs to ₹ 10 lakhs. 6. In terms of items 11-A and 13 of List III of the VII Schedule of the Constitution of India - Administration of Justice, constitution and organisation of Courts and civil procedure including all matters included in the Civil Procedure Code at the commencement of the Constitution may be subject-matter of State legislation subject to the provisions of Article 246 of the Constitution of India. Clause (2) of Article 246 reads thu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssible to all as provided for under Article 39A of the Constitution of India. But that does not mean that Courts having all jurisdiction and particularly the Courts having unlimited pecuniary jurisdiction should be constituted at every nook and corner of the society. Even where a provision has been made for holding benches of the High Court or Supreme Court as for example Article 130 of the Constitution of India the same merely being an enabling one, no Court can give direction to the Chief Justice of India or the President of India as regard thereto. In Union of India v. S.P. Anand,: [1998]3SCR1046 , wherein it has been held: 13. We may now examine whether an arguable issue can be said to have been raised in the writ petition. After pursuing the writ petition, we are constrained to say that it suffers from the same defects as were pointed out by this Court in S.P. Anand, Indore v. H.D. Deve Gowda,: AIR1997SC272 which arose out of a writ petition filed by petitioner No.1 herein, under Article 32 of the Constitution. In that case, this Court has observed:- We cannot but observe that the averments in the petition are of a rambling nature and lack cohesion. It is regrettable t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Chief Justice of India to appoint place or places other than Delhi as seat of the Supreme Court. The question as to whether Supreme Court should sit at a place other than Delhi involves taking a policy decision by the Chief Justice of India which must receive the approval of the President of India. If after taking into consideration the relevant factors the Chief Justice of India forms an opinion that the Supreme Court should sit at a particular place or places other than Delhi, he has to seek the approval of the President for the proposal and, if the President approves the proposal, an order appointing the place or places where the Supreme Court shall sit is passed. Exercise of the power under Article 130 thus postulates (i) a decision by the Chief Justice of India as to whether the Supreme Court should sit at a particular place or places other than Delhi; and (ii) approval of the President to the proposal made by the Chief Justice of India for appointing the particular place or places for the sitting of the Supreme Court. Thus making of an order under Article 130 of the Constitution providing for sitting of the Supreme Court at a place other than Delhi requires in the first ..... X X X X Extracts X X X X X X X X Extracts X X X X
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