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SA/216/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SECOND
APPEAL No. 216 of 2009
========================================
STATE
OF GUJARAT - Appellant(s)
Versus
BAI
VALIBEN CHANABHAI RABARI - Defendant(s)
=======================================
Appearance :
GOVERNMENT
PLEADER for Appellant(s) : 1,
MR CL SONI for Defendant(s) : 1,
1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6, 1.2.7,1.2.8
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/03/2010
ORAL
ORDER
Admit.
Mr.C.L.Soni, learned Advocate waives service of notice of admission
on behalf of the respondents. To be heard with Second Appeal No.179
of 2007 and Second Appeal No.221 of 2007.
In
present Second Appeal, following substantial question of law arise :-
(1) whether the
appellant Government could be made liable either under the
provisions of law or the Statute or under the common liability law
under the General Law of Torts to pay the compensation?;
(2) whether the
Government is liable to pay the compensation on the ground of
negligence over and above the payment as per the Government
Resolution providing for ex-gratia payment? And
(3) whether the
liability could be fastened on the Government for such an accidental
death of human life by assault by wildlife/animal when, on one hand,
the liability is cast upon the Government to preserve the wildlife
under the various laws like Wildlife Protection Act, and at the same
time, competing claim of the citizen under Article 21 of Right to
Life would oblige the Government to make the payment of compensation
as an absolute/strict liability if at all?
[M.R.Shah,J.]
satish
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