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MCA/89/2003 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR INDIGENT PERSON No. 89 of 2003
In
FIRST
APPEAL (STAMP NUMBER) No. 2963 of 2002
with
FIRST
APPEAL No.2574 of
2005
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ISMAILBHAI
UMARBHAI KHAIBHAR - Applicant(s)
Versus
GUJARAT
STATE ROAD TRASPORT CORPORATION - Opponent(s)
=================================================
Appearance :
MR
AMAR D MITHANI for Applicant(s) : 1,
MS MITA PANCHAL, AGP, for
Respondent-State
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE
and
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/09/2005
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE)
ORDER
IN MCA:
Of
course, report from Collector, Junagadh, suggests that applicant is
not an indigent person for reasons that he possesses mobile, has land
belonging to grand-father, and income of Rs.1,800/- per month by
doing miscellaneous work, but it cannot be accepted in view of
finding by Claims Tribunal that his disability is to the extent of
90%, both the legs having been affected, therefore, unable to do work
of driver. With this background, report cannot be accepted. Claim of
applicant is allowed, he is held indigent, unable to pay Court fee
and prosecute the Appeal. Therefore, application is allowed, claimant
is permitted to prosecute the Appeal as an indigent person.
Application disposed of. Notice discharged.
ORDER
IN FA:
Admit.
(Bhawani
Singh)
Chief
Justice
(H.K.Rathod)
Judge
(sunil)
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