Posted On by &filed under Gujarat High Court, High Court.


Gujarat High Court
Baroda vs Mohmedasim on 29 January, 2010
Author: Bhagwati Prasad,&Nbsp;Honourable Bankim.N.Mehta,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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LPA/313/2002	 2/ 2	JUDGMENT 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

LETTERS
PATENT APPEAL No. 313 of 2002
 

In


 

SPECIAL
CIVIL APPLICATION No. 3661 of 1986
 

 
 
For
Approval and Signature:  
 
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD  
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
 
 
=========================================================

 
	  
	 
	  
		 
			 

1
		
		 
			 

Whether
			Reporters of Local Papers may be allowed to see the judgment ?
		
	

 
	  
	 
	  
		 
			 

2
		
		 
			 

To be
			referred to the Reporter or not ?
		
	

 
	  
	 
	  
		 
			 

3
		
		 
			 

Whether
			their Lordships wish to see the fair copy of the judgment ?
		
	

 
	  
	 
	  
		 
			 

4
		
		 
			 

Whether
			this case involves a substantial question of law as to the
			interpretation of the constitution of India, 1950 or any order
			made thereunder ?
		
	

 
	  
	 
	  
		 
			 

5
		
		 
			 

Whether
			it is to be circulated to the civil judge ?
		
	

 

 
=========================================================

 

BARODA
MUNICIPAL CORP. - Appellant(s)
 

Versus
 

MOHMEDASIM
ABDULSAMAD BINHAMID & 4 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
PRANAV G DESAI for
the Appellant 
MR JT TRIVEDI for Respondent(s) : 1, 
RULE SERVED
for Respondent(s) : 2 - 4. 
SERVED BY AFFIX.-(R) for Respondent(s)
: 5, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BHAGWATI PRASAD
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE BANKIM.N.MEHTA
		
	

 

 
 


 

Date
:     29th/01/2010 

 

 
 
CAV
JUDGMENT 

(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)

This
appeal is filed by the appellant against the judgement and order of
learned Single Judge dated 19.1.2001 in Special Civil Application No.
3661 of 1986. The facts obtaining in the present case are identical
to that of Letters Patent Appeal No. 639 of 2002 and Letters Patent
Appeal No. 86 of 2003 which we have decided today by our separate
C.A.V. Judgement. The said judgement will govern the present case as
well. In that view of the matter, the judgement and order of learned
Single Judge dated 19.1.2001 is not liable to be sustained. The same
is, therefore, quashed and set aside. The appeal is allowed. The
Special Civil Application is dismissed.

(BHAGWATI
PRASAD, J)

(BANKIM
N. MEHTA, J)

(pkn)

   

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