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Arvindbhai vs Deputy on 22 February, 2010

Gujarat High Court
Arvindbhai vs Deputy on 22 February, 2010
Author: D.H.Waghela,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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SCA/11859/2009	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 11859 of 2009
 

 
 
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ARVINDBHAI
DHANABHAI CHAUDHARY - Petitioner(s)
 

Versus
 

DEPUTY
GENERAL MANAGER & 3 - Respondent(s)
 

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Appearance : 
MR
M P SHAH for
Petitioner(s) : 1,MS. KRUTI M SHAH for Petitioner(s) : 1, 
None for
Respondent(s) : 1 - 4. 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE D.H.WAGHELA
		
	

 

 
 


 

Date
: 22/02/2010 

 

ORAL
ORDER

Admittedly,
this is second petition for the same prayer. The earlier petition,
Special Civil Application No. 115 of 2006, was dismissed with the
observation that no other contention was raised before the Court. It
is now vehemently argued by learned counsel, Ms. Shah, that criminal
proceeding against the petitioner was pending at that time; whereas
now the prosecution has ended into acquittal of the petitioner and,
therefore, the petitioner is entitled to challenge the order of his
dismissal on the other available grounds. Since the petition is
barred by salutary principles of constructive res-judicata and
the petitioner cannot be permitted to agitate one after other issues
by filing different petitions at different stages, the petition is
summarily dismissed.

(D.H.Waghela,
J.)

Jyoti

   

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