PREMCHAND MANEKCHAND KOTHARI AND ANOTHER Vs. STATE OF GUJARAT
LAWS(GJH)-1988-12-29
HIGH COURT OF GUJARAT
Decided on December 12,1988

PREMCHAND MANEKCHAND KOTHARI AND ANOTHER Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)The petitioners challenge the notification Annexure A dated 12-12-88 establishing the Court of Civil Judge (Senior Division) Dhrangadhra. The said notification also prescribes the local limits of ordinary jurisdiction of that Court to consist of Dhrangadhra Halvad Banjana and Patdi Talukas of Revenue district of Surendranagar.
(2.)On 29-12-88 notices were issued to the respondents returnable on 17-1-1989 and interim relief against operation of the notification was granted in so far as inclusion of Bajana and Patdi Tal Talukas of Revenue district of Surendranagar within the local limits of original jurisdiction of Civil Court (Senior Division) Dhrangadhra is concerned.
(3.)The learned Counsel for the petitioners submitted that there is no jurisdiction for establishing such Court of Senior Division at Dhrangadhra and the High Court had already come to such conclusion after examining the matter in detail and without any change in circumstances the Court of Senior Division is established and it submitted that this action of the Government is taken without any justification merely because the then Law Minister was hailing from Dhrangadhra and on account of his influence the Government had taken a decision to have a Senior Division Court at Dhrangadhra. It is also submitted that the members of Bajana Bar had objected to the establishment of a separate Senior Division Court at Dhrangadhra.
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