gujarat hc visit report

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REPORT ON- THE VISIT TO THE HON’BLE HIGH COURT OF GUJARAT Ravindra Purohit 09B096 [email protected] Submitted to- Mr. Anant Deogaonkar and Mr. Marisport A. 20/02/2014

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Page 1: Gujarat HC Visit report

REPORT ON-

THE VISIT TO THE

HON’BLE HIGH COURT OF GUJARAT

Ravindra Purohit

09B096

[email protected]

Submitted to-

Mr. Anant Deogaonkar and Mr. Marisport A.

20/02/2014

Page 2: Gujarat HC Visit report

SUMMARY

This High Court visit has been divided in two parts

(a) Witnessing the proceedings in the Hon’ble Court rooms, and

(b) Interactive session with the Deputy Registrar of the Hon’ble High Court.

As required under the obligation of part (a), we were required to attend proceedings in

different court rooms and observe the same in the Courts.

The part (b) of the High Court visit consisted of an Interactive Session with the deputy

registrar of the Hon’ble High Court. He discussed with us different topics related to the

practical aspects of the procedure by which cases are filed in the High Court including the

different jurisdictions which the High Court has, Mediation, Letters Patent Appeal, First and

Second Appeals respectively. The details of the High Court visit shall be discussed in the

subsequent parts of this report.

COURT PROCEEDINGS

As discussed previously, the first part of the High Court was to visit different Court rooms at

the Gujarat High Court and witness the different Court proceedings that were then going on

in the Court rooms. The details of the proceedings are as follows-

1. The first Court that I visited during my High Court visit was that of the Hon’ble Chief

Justice of the Gujarat High Court Mr. Bhaskar Bhatt. In his Court, the Division Bench had

been constituted and it was hearing various matters relating to Public Interest Litigation

(PIL). The case that was being conducted was a service matter. Before looking into the

merits of the case, the Bench directed one of the parties to submit to the other party, the

money which had been received by the former from the latter. One of the parties to the case

was a state body, the next hearing of the matter was posted after 4 weeks from that day.

Another proceeding witnessed by me was a PIL relating to environmental issues. The main

issue to be decided by the Hon’ble Court under this PIL was related to the construction of

hotels in certain coastal areas for tourism purpose. The construction had been challenged by

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Page 3: Gujarat HC Visit report

the appellant on the grounds that it would violate the provisions of the Coastal Regulation

Zones Act.

2. The next Court visited by me was of Hon’ble Justice Mr. Paresh Upadhyay. I witnessed

the proceedings of the matter relating to Criminal Law. One of the parties to the case was a

bank and the case related to the forgery of the signatures made by the defendant on a cheque

which was to be encashed from the bank. Due to the charges of a forgery which had been

made on the defendant by the plaintiff bank, the issue that the Court was examining related to

whether the signature made by the defendant actually belonged to him or not.

I witnessed that many police officers were also present in the Court at that point of time and

were assisting the lawyers in making their arguments. During the course of submissions

made by the counsels, the counsel for the defendant sought the leave of the Court to cite a

previous Bombay High Court judgment to support his arguments. But his request was

dismissed by the Hon’ble judge who was of the opinion that the point relating to which the

Bombay High Court judgment dealt with was different and was not applicable to the present

matter which the counsel was arguing on.

3. Another Court which I visited was the Court of Hon’ble Justice Mrs. Abhilasha Kumari.

The cases relating to service matters were being heard by her at that point of time.

The proceedings witnessed by me related to certain rules and regulations related to service by

the government employees as framed by the Government of Gujarat. An employee had been

dismissed from employment by the State of Gujarat on the grounds that he had been

imprisoned for a period of more than 48 hours. The arguments put forth by the counsel for

the appellant were that his client could not have been directly dismissed from service because

as per the Gujarat Government Service Rules, such dismissal does not take place if the

employee has been permitted to join the service after his imprisonment.

Another argument put forth by the counsel was that natural justice had been violated in the

case as the dismissal of the employee could have been done only after giving him a due

hearing which had not been done in this case and moreover, the Service Rules call for only a

‘suspension’ of the employee during the period of imprisonment so he therefore could not

have been dismissed from service unless any act amounting to disciplinary misconduct was

proved against him. The counsel referred to a judgment of the Calcutta High Court to support

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Page 4: Gujarat HC Visit report

his submissions on the basis that the rules for service as applicable in the states of Gujarat

and West Bengal respectively are similar to each other.

While noting that the view of the Calcutta High Court has only a persuasive value and is not

binding on the Court, the Court asked the counsel for the State of Gujarat (the respondent in

the case) to look for any decision on the point given by the Gujarat High Court.

4. The next Court visited by me was during the post lunch session of the High Court on that

day which starts after 2:30 pm. Matters of appeal which were both civil and criminal in

nature were listed before his Court.

I witnessed the proceedings related to medical negligence at a hospital. The owner of the

hospital was one of the parties to the case. Certain mishap at the hospital which had been

caused by an assistant of a surgeon working at the hospital had lead to death of one of the

hospital’s patients. The counsel for the hospital’s owner (who was himself a doctor by

profession) argued that since the surgeon’s assistant who was responsible for the mishap was

in no way connected or affiliated to the hospital, the hospital owner and the hospital staff

could not have been made liable for the death of the patient.

The hospital owner was basically in appeal against the judgment of the lower Court which

had found the hospital owner and the staff guilty and accordingly had awarded damages to

the other party. The counsel for the other party argued that the hospital could be held liable

on the principle of vicarious liability which was one of the submissions made by him before

the Court. Also in question by the counsel for the appellant were the charges framed by the

police in the charge-sheet which had been submitted by it to the Court after carrying out its

investigation wherein the police had booked the hospital owner under certain provisions of

the Indian Penal Code.

The High Court after listening to the arguments by both the parties, listed the matter for

hearing after a week as sought by the counsel for the respondent for certain reasons.

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Page 5: Gujarat HC Visit report

Lecture session

The second part of the High Court visit was an Interactive Session with a person who was a

member of the staff working at the office of the Registrar General of the Gujarat High Court.

The session was conducted at the auditorium of the Gujarat Judicial Academy which was

located within the High Court premises itself.

The lecturer discussed with us the practicalities of filing cases with the Registry of the

Gujarat High Court, the different types of jurisdictions which the High Court exercises, First

and Second Appeals to the Court, Mediation, and Articles 226 and 227 of the Constitution of

India. The different aspects that were discussed are as follows-

(i) Procedure for filing of cases

The cases filed in the Gujarat High Court have to be filed before the Central Filing Registry.

Different technicalities are checked by the registry such as the admissibility of the case and

other particulars such as Court fees etc are also checked. If the case has been correctly filed,

then a Case No. is allotted to the matter and it shall also be classified according to its nature

such as Civil Application, Civil Appeal, Writ Petition etc. The cases are then listed before the

Gujarat High Court based upon the roster which is decided by the Hon’ble Chief Justice of

the High Court of Gujarat.

(ii) Jurisdictions of the High Court

Talking about the types of jurisdictions exercised by the High Court, the lecturer mentioned

that there are 2 types of jurisdictions namely- (A) Original Jurisdiction and (B) Appellate

Jurisdiction.

The Original jurisdiction of the High Court is exercised by it by the issue of writs by it to any

person or authority which may include the Government as well. This jurisdiction is exercised

by the High Court under Articles 226 and 227 of the Constitution of India. It extends to other

matters too such as contempt of court, probate and matrimonial cases.

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Page 6: Gujarat HC Visit report

The Appellate jurisdiction of the Court comprises of the Court’s powers to hear appeals and

is of 2 types- civil and criminal. The civil type covers cases which have been decided by the

District judges or the Munsif Court while the criminal type covers cases which have been

decided by the Sessions and the Assistant Sessions judges respectively.

(iii) Appeal to the High Court

The instructor also discussed with us, the types of appeal that the High Court hears while

exercising its appellate jurisdiction. Sections 96 and 100 of the Code of Civil Procedure,

1908 deal with the provisions of the First and Second Appeals respectively. Both the sections

have mentioned specific grounds and only on those grounds can the appeal lie to the High

Court against the decision given by the lower Courts. Also, not all but only certain orders of

the lower Court are appealable to the High Court. First appeal may be heard by a Court

subordinate to the High Court but a Second Appeal always lies to the High Court.

(iv) Letters Patent Appeal

As told to us by the instructor, Letters Patent Appeal is an intra court appeal and is an appeal

from the decision of a single judge bench to a Division bench (2 judge bench) within the

same Court. Generally, a judgment given by the High Court under Article 226 of the Indian

Constitution is appealable under this category while a judgment given under Article 227 is

not so appealable.

(v) Articles 226 and 227 of the Constitution of India

Article 226 of the Constitution of India deals with the writ jurisdictions of the High Court.

The writ jurisdiction of the High Court is wider than that of the Supreme Court because the

writ jurisdiction of the Supreme Court under Article 32 of Indian Constitution is confined to

matters involving the violation of fundamental rights only while the writ jurisdiction of the

High Court can also be invoked for the violation of any other legal rights and not just in the

case of fundamental rights of the citizens of India. Article 227 of the Indian Constitution

provides for the supervisory jurisdiction of the High Court. It states that the High Court has

the power to supervise over all courts and tribunals which are located within the territory that

falls within the High Court’s jurisdiction.

(v) Division Bench

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Page 7: Gujarat HC Visit report

Discussing about the Division Bench of the High Court, the instructor told us that the

constitution of the division bench in the Gujarat High Court has been provided for under the

Gujarat High Court Rules, 1993. The Bench is constituted only for some matters and

basically hears appeals against the orders and decrees of the lower Courts. The single bench

also has the power to hear appeals from such orders and decrees and the Schedule to these

Rules enumerates those matters the orders and decrees relating to which can be heard in

appeal by the High Court. The Division bench is also constituted by the Chief Justice of the

Court in cases which involve decision to be given on a substantial question of law.

OBSERVATIONS

Following are the main observations made by me during the High Court visit-

1. As a whole, the Gujarat High Court seemed to be less overburdened with cases compared

to the other High Courts and the Supreme Court of India.

2. Both the Single judge and the Division judge benches were in function at the Gujarat high

Court. The Chief Justice of the High Court was hearing matters related to PIL as a part of a

Division Bench in the Court.

3. The judges of the High Court were quick to criticize the advocates for not performing their

duty properly by making mistakes such as not being well-versed with the facts, not appearing

in the Court on time etc. The judges also were not keen on giving adjournments on flimsy

reasons when requested by the advocates and accordingly refused.

CONCLUSION

The overall experience of the visit to the Gujarat High Court was a good and informative one

giving a deep insight into different practical aspects such as how actually the High Court

functions, the decorum that one should maintain inside courtrooms and the professional

manner in which the advocates are expected to conduct themselves in Court and argue for

their clients. The instructor explained different concepts in a simple way making them easy

for us to understand and thus the lecture given by him proved to be an additional opportunity

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for us to gain further clarity on the working of the High Court while clearing any doubts on

the same.

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