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Virambhai Bharabhai Bhachkan (Charan) ... vs State Of Gujarat & 4 on 13 October, 2015 cites

The State Of Orissa vs Madan Gopal Rungta.The State Of ... on 25 October, 1951

25. At this stage, learned counsel for the petitioners has requested that this Court may Page 22 of 23 HC-NIC Page 22 of 23 Created On Sat Oct 17 00:55:13 IST 2015 C/SCA/11498/2015 JUDGMENT continue the interim relief, which is granted earlier for a further period of two weeks, which we are unable to accede to as the Supreme Court in case of The State of Orissa V. Madan Gopal Rungta, reported in A.I.R. (39) 1952 Supreme Court 12 as well as this Court in case of State of Gujarat V. Nirmalaben Waghela, reported in 2003 (1) G.L.H. 434, has observed in these two judgments that when the Court is not entertaining the petition on merits and relegating parties to the alternative remedy, the interim relief may not be continued only to enable the parties. As, when the Court is not adjudicating, it would be proper to vacate the interim relief. Hence, interim relief granted earlier, cannot be continued and it is vacated.
Supreme Court of India Cites 3 - Cited by 604 - H J Kania - Full Document

State Of Gujarat vs Nirmalaben Waghela, President on 21 September, 2002

25. At this stage, learned counsel for the petitioners has requested that this Court may Page 22 of 23 HC-NIC Page 22 of 23 Created On Sat Oct 17 00:55:13 IST 2015 C/SCA/11498/2015 JUDGMENT continue the interim relief, which is granted earlier for a further period of two weeks, which we are unable to accede to as the Supreme Court in case of The State of Orissa V. Madan Gopal Rungta, reported in A.I.R. (39) 1952 Supreme Court 12 as well as this Court in case of State of Gujarat V. Nirmalaben Waghela, reported in 2003 (1) G.L.H. 434, has observed in these two judgments that when the Court is not entertaining the petition on merits and relegating parties to the alternative remedy, the interim relief may not be continued only to enable the parties. As, when the Court is not adjudicating, it would be proper to vacate the interim relief. Hence, interim relief granted earlier, cannot be continued and it is vacated.
Gujarat High Court Cites 7 - Cited by 4 - J M Panchal - Full Document
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