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SA/234/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 234 of 2009
=========================================================
GANATRA
PARESHKUMAR PRABHUDAS - Appellant(s)
Versus
STATE
OF GUJARAT & 3 - Defendant(s)
=========================================================
Appearance
:
MR
PV HATHI for
Appellant(s) : 1,
GOVERNMENT PLEADER for Defendant(s) : 1,
NOTICE
SERVED for Defendant(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 14/07/2010
ORAL
ORDER
Heard
Mr P.V. Hathi, learned advocate for the appellant.
ADMIT.
Ms V.S. Pathak, learned AGP waives service of notice of admission on
behalf of respondent nos. 1,2 and 3. The following substantial
questions of law arise for determination of the Court.
[1] Whether
the learned Judge committed a substantial error of law in not
framing points of determination from the contentions raised before
him as required by Order 41 Rule 30 of the Code of Civil Procedure
and in raising the point of determination as if there is no other
point for determination except his intended conclusion of the appeal
filed by the respondent State?
[2] Whether
the learned Judge was justified in holding that the order Exh.44
dated 15.4.1985 of the Mamlatdar was not illegal, ineffective and
null and void and against the principles of natural justice?
[3] Whether
the learned Judge was justified in holding that the order Exh.44
dated 15.4.1985 of the Mamlatdar was not a termination order giving
retrospective effect without producing on record that he was
competent to pass the order and whether the said decision was taken
in compliance with the principles of natural justice?
[H.B.
ANTANI, J.]
pirzada/-
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