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2009 Supreme(Guj) 531

K.M.THAKER, M.S.SHAH
PALANPUR BAR ASSOCIATION & 1 – Appellant
Versus
HIGH COURT OF GUJARAT & 2 – Respondent


Advocates Appeared:
MR KG VAKHARIA Sr. Advocate with MS AVANI S MEHTA for Petitioner(s): 1 - 2.
LAW OFFICER BRANCH for Respondent(s): 1, 3,
MR JB PARDIWALA for Respondent(s): 1, 3,
MR NIKUNT RAVAL AGP for Respondent(s): 2,

JUDGMENT

(Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH)

In this petition under Article 226 of the Constitution, the Palanpur Bar Association and its President have challenged -

(i) State Government Notification dated 11.10.1999 (Annexure-A) issued under Section 12 read with Sections 6 and 13 of the Bombay Civil Courts Act, 1869 (hereinafter referred to as ?the Bombay Act?) or ?the old Act?) establishing a Court of Joint District Judge at Deesa in the District of Banaskantha and also investing the Joint District Judge at Deesa with the powers co-extensive with and jurisdiction concurrent with the District Judge, Palanpur for disposal of cases arising out of Deesa Taluka and 11 other Talukas of Banaskantha District (out of which 2 Talukas have by now gone to another District called Patan District).

(ii) High Court Notification dated 13.10.1999 (Annexure-B) issued under Section 9(6) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ?the Cr.PC?) specifying Deesa as additional place of sitting of the Court of Sessions of Banaskantha sessions division which is having Palanpur as its ordinary place of sitting, exercising all powers of the Sessions Judge co-extensively in re


































































































































































































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