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Sh. Jogendrasinhji Vijaysinghji Vs. State of Gujarat [06/07/15]

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[Civil Appeal No. 2374 of 2015 arising out of SLP(C) No. 10203 of 2014]. In this batch of appeals, by special leave, the appellants call in question the legal substantiality of the judgment and order dated 26.12.2013 passed by the Special Bench of the High Court of Gujarat in a bunch of Letters Patent Appeals preferred under Clause 15 of the Letters Patent. As the factual matrix would unveil, the Division Bench that referred the matter to a larger Bench, noticed conflict in Revaben Wd/o. Ambalal Motibhai and others v. Vinubhai Purshottambhai Patel and others[1] and Dilavarsinhsinh Khodubha Jadeja v. State of Gujarat and others[2] and at that juncture framed two questions. The Special Bench adverted to the facts necessitating the reference in detail and took note of the preliminary objections of the learned counsel for the State as regards the maintainability of the Letters Patent Appeal on many a score and thereafter thought it appropriate to frame the questions afresh and accordingly it formulated questions.

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