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2000 Supreme(Guj) 886

D.C.SRIVASTAVA, M.R.CALLA, S.K.KESHOTE
UNION OF INDIA – Appellant
Versus
NATWERLAL M. BADIANI – Respondent


Advocates Appeared: MIHIR J.THAKOR, N.K.MAJMUDAR, R.P.BHATT

M. R. CALLA, J.

( 1 ) SPECIAL Civil Application No. 6213 of 1986 was filed on 28-1-1986 challenging the proceedings in the Civil Suit No. 1196 of 1986 and the Misc. Application No. 234 of 1986 filed therein in the Court of Civil Judge (S. D.), Jamnagar including an ex parte injunction order dated 25-11-1986 passed in the aforesaid proceedings. In Special Civil Application No. 6214 of 1986 while challenging the proceedings in Misc. Application No. 236 of 1986 (in Civil Suit No. 1197 of 1986) in the Court of Civil Judge (S. D.), Jamangar including an ex parte injunction order dated 25-11-1986 passed in these proceedings a further declaration was sought that Civil proceedings cannot be instituted in any civil Court in respect of search and seizure proceedings under sec. 132 of the Income-tax Act, 1961 and the jurisdiction of the civil Court is barred; a further declaration was sought that the civil Court is not even otherwise competent to entertain any such suit and grant any relief in respect of any proceedings under the Income-tax Act, 1961, coupled with the prayer that the proceedings in Misc. Application No. 236 of 1986 in the Court of civil Judge (S. D.), Jamnagar including the or


























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