TaxTMI 
TaxTMI 
2015 (9) TMI 26
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....arly date of hearing by making out Special case in it. Hence, no order on this note. Before parting, we must state that proper course for fixing early date of hearing is to file proper civil application making out a special case in it. Henceforth, the Office shall not entertain any such note and insist for civil application for fixing early date of hearing." Therefore, the Registry placed the order before the then Chief Justice and the learned Chief Justice was pleased to give direction to issue Circular to the Judicial Branches directing not to entertain any such note for fixing early date of hearing and to insist on filing Civil Application for fixing the early date of hearing. However, as the learned advocates of this Court were accustomed to the filing of the notes for fixing the early date of hearing and they were insisting on the circulation of the same before the Court for orders thereon, the Registry was faced with a difficult situation as to whether such notes for fixing early date of hearing should be entertained or the advocate should be asked to file a separate application for fixing early date of hearing. Therefore, the matter was placed before the then Chi....
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....vocate not available' or 'it is not convenient to the designated Senior Advocate', will not be entertained. (iii) No mentioning will be made before a Judge that designated Senior Advocate is appearing whose matters are not taken up by learned Judge. In such type of cases, the designated Senior Advocate should rescue [sic] himself or herself from appearing in such matters. (iv) Henceforth, no designated Senior Advocate will be permitted to argue the case without the assistance of his advocate on record or his colleague sitting by his side. (v) It is also not desirable, that designated Senior Advocate appears either through associates or firm of his or her own office. 4. This order was passed in presence of designated Senior Advocates like, Mr. Sudhir I. Nanavati, Mr. S.H. Sanjanwala and Mr. Oza, who is also President of the Bar. We were also ably assisted by Mr. Girish Bhatt. We highly appreciate his assistance. 5. In view of the aforesaid order passed by this Court, instead of designated Senior Advocate, Mr. Y.N. Oza, now a request was made by Mr R.S. Sanjanwala to adjourn the matter. Put up on 24-....
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....nd surprisingly the revision has been notified "For Orders" on 6-7-2009. In all my matters whenever, I have filed urgent notes for hearing, the applicants or petitions have never been notified so far. I need to understand under what circumstances, the above Criminal Revision was notified on the board without filing separate application for fixing early date of hearing. I am constrained to send this complaint/letter by registered AD as the registry has never been endorsing receipt of any note or letter as informed by my clerk." In this connection, it may be mentioned that while hearing First Appeal No. 1241 of 1997 a Division Bench of this Court (Coram : B.J. Shethna and M.C. Patel, JJ) was pleased to pass the following oral order dated 4th April 2005. "There is a sick note of Mr Japi for the respondent. No note for fixing early date of hearing can be entertained. Learned advocate has to file proper Civil Application for fixing early date of hearing by making out Special case in it. Hence, no order on this note. Before parting, we must state that proper course for fixing early date of hearing is to file proper civil application making out a special case in it. Henceforth, t....
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....n the ground of advocate on record not available and without their presence matters are argued without proper assistance. It is also noticed that designated Senior Advocates are appearing through either associates or firms of his own office, which is against the basic concept of Senior Advocates. 2. All these things are against well established practice prevailing in the Supreme Court, as ordered by Hon'ble Chief Justice of India. 3. Hence, the Registry is directed to bring it to the notice of all the designated Senior Advocates on record and the members of the Bar through their President, Mr Y.N. Oza, who himself is appearing in this matter for respondent Nos. 9 and 10, along with Mr R.S. Sanjanwala, that:- (i) No designated Senior Advocate will henceforth be permitted to make a mention before any court either for circulation or for adjournments or for any other purposes. (ii) Request made by any advocate on record to adjourn the matter on the ground of 'designated Senior Advocate not available' or 'it is not convenient to the designated Senior Advocate', will not be entertained. (iii) ....
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....; No advocate, whose matters are not taken up by the particular Judge, will either directly or indirectly file his appearance and challenge or defend the order passed by such Judge before higher forum in any other proceedings. Office to follow these directions strictly." 21. With the aforesaid observations and directions, all these applications are allowed. All the four complaints namely Criminal Case Nos. 2473, 2474, 2475 and 2476 of 2003 filed by the complainant-Company against the applicant-accused No.3 before the learned J.M.F.C. Surat and the order of process issued by the learned J.M.F.C., First Court, Surat below it against the applicant-original accused No. 3 are hereby quashed and set aside qua the present applicant-accused No. 3. Rule is made absolute. Interim relief granted earlier stands vacated." The above order was placed before the Chief Justice on 29th April 2006 and the learned Chief Justice was pleased to pass order to issue a Circular to comply with the above directions of the Hon'ble Court. Subsequently, in the meeting of the learned Chief Justice with the learned Senior Advocates, Advocate General, Additional Advocate General and of....
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....nsisting on circulation of the same before the concerned Court for order thereon, the Registry was in an embarrassing position as to whether such notes for fixing early date of hearing should be entertained or the learned advocate should be asked to file a separate application for fixing early date of hearing. Consequently, the Registry placed the subject before the then Chief Justice. The learned Chief Justice passed an order to refer this matter before the Full Bench to resolve the issue and give the directions and guidance in the matter for the future administration of justice in the High Court of Gujarat. Hence this Reference. 3. When all these matters were taken up together, Mr Yatin Oza, the learned Senior Advocate and Mr Bhargav Bhatt, the learned Advocate, appearing on behalf of the Gujarat Advocates' Association, advanced a preliminary objection as to the maintainability of all these References at the instance of the then Chief Justice of this Court. 4. According to the learned counsel, the Reference to a Larger Bench can be initiated only at the instance of a Judge sitting singly or the Judges of a Division Bench or even the Judges of a Larger Bench, pr....
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.... may refer any matter before it or any question arising therein or any question referred to it under Sub-rule (1) above to a Larger Bench. Rule 6. Powers of Chief Justice to order hearing by a Larger Bench : Notwithstanding anything contained in these rules, the Chief Justice may by a special or general order direct that any matter or class of matters be placed before a Division Bench or a Special Bench of two or more Judges." 7. After hearing the learned counsel for the Gujarat High Court Advocates' Association and after going through the aforesaid provisions of Rules 5 and 6 of the Gujarat High Court Rules, 1993. it appears that Rule 5 authorises either a learned Single Judge or a Division Bench to refer the matter pending before them or any question arising in such matter to a Division Bench of two-Judges or a larger Bench respectively. On such Reference being made, it is the duty of the Chief Justice to constitute either a Division Bench or a larger one for the decision on the question referred or for decision of the matter referred. 8. Rule 6 of the Gujarat High Court Rules, on the other hand, authorizes the Chief Justice of the High Court to direct eithe....
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....le enables a court sitting in judicial side to refer a pending matter before it or a question arising therein to a Larger Bench. If such right is exercised by a court, the matter should be placed before the Chief Justice for passing appropriate order for placing the same before the Larger Bench as he chooses in terms of Rule 6. Thus, there is no scope of referring any question at the instance of the Chief Justice in his administrative capacity to a Larger Bench which is not preceded by a Reference at the instance of a court sitting in judicial capacity and relating to any matter pending in such court. 13. We find that so far as the Public Interest Litigation is concerned, the High Court of Gujarat (Practice and Procedure for Public Interest Litigation) Rules, 2010 vide Rule 9 authorizes the High Court to suo motu treat any matter or issue as a Public Interest Litigation provided the matter or issue concerned falls within its purview and in such type of cases, the bench vested with the jurisdiction by the learned Chief Justice to hear Public Interest Litigation can initiate such proceeding based on letter, petition or knowledge relating to the matter in question as provided ....