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SA/247/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 247 of 2008
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CHIEF
SECRETARY & 4 - Appellant(s)
Versus
CHAWDA
SAJANBA WD/O LALSINH RAMSINH & 1 - Defendant(s)
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Appearance :
GOVERNMENT
PLEADER for Appellant(s) : 1 - 5.
None for
Defendant(s) : 1 - 2, 2.2.1, 2.2.2, 2.2.3, 2.2.4,2.2.5
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 12/11/2008
ORAL
ORDER
Heard
Ms. Falguni Patel, the learned Asstt. Government Pleader appearing
for the Appellants. Perused the Orders passed by the Courts. The
Court is of the view that the issues raised in the Second Appeal are
required to be considered by the Court and hence the appeal is
admitted and the following susbtantial questions of law are framed
for consideration of the Court :-
Whether,
in the fact and circumstances of the case, the courts below are
right in condoning delay entertaining civil suit which is filed
after long lapse and barred by the Limitation Act?
Whether,
in the fact and circumstances of the case, the courts below are
right in entertaining Civil Suit and exercising its jurisdiction not
vested in it as the civil court’s jurisdiction is impliedly ousted
more particularly when Chapter III of the Bombay Police Act, 1951
specifically provides appropriate machinery of proceedings for
approaching appropriate authority?
Whether,
in the fact and circumstances of the case, the judgments of courts
below are perverse and contrary to evidence on record in as much as
in treating the plaintiff as a regular employee when the plaintiff
was a probationer and had not produced any evidence to show that the
plaintiff was regularized or his probation was confirmed?
(K.A.
Puj, J.)
(Caroline)
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