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october 2012

Supreme Court of India · 2012-10-16

STATE OF GUJARAT vs GUJARAT REV.TRBL. BAR ASSOCN

Citation / case number
SC 2009/31104
Court
Supreme Court of India
Petitioner
STATE OF GUJARAT
Respondent
GUJARAT REV.TRBL. BAR ASSOCN
Author
B.S. CHAUHAN
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision 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 of the Revenue Tribunal, is unconstitutional. The Court ruled that the Tribunal functions as a 'court' and thus requires its President to be a 'Judicial Officer' as per Article 234 of the Constitution of India. Consequently, the appeal by the State of Gujarat was dismissed, affirming the High Court's judgment.

STATE OF GUJARAT vs GUJARAT REV.TRBL. BAR ASSOCN · Niyam