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october 2012

Supreme Court of India · 2012-10-16

State Of Gujarat & Anr vs Gujarat Rev.Trbl. Bar Assocn & Anr

Court
Supreme Court of India
Petitioner
State Of Gujarat & Anr
Respondent
Gujarat Rev.Trbl. Bar Assocn & Anr
Author
B.S. Chauhan
Bench
Fakkir Mohamed Ibrahim Kalifulla, B.S. Chauhan

Judgment text excerpt

The Supreme Court upheld the High Court's ruling that the President of the Gujarat Revenue Tribunal must be a Judicial Officer, as the Tribunal is deemed a 'court' under Article 234 of the Constitution of India. The Court found that Rule 3(1)(iii)(a) of the Gujarat Revenue Tribunal Rules 1982, which allowed the appointment of the Secretary to the Government as President, was invalid. The Court emphasized that only a Judicial Officer, such as a District Judge, can preside over the Tribunal, thereby affirming the necessity of judicial qualifications for the position.

State Of Gujarat & Anr vs Gujarat Rev.Trbl. Bar Assocn & Anr · Niyam