An intra-court letters patent appeal was dismissed. The High Court held that since the appellant’s father died in a private hospital, no District Magistrate certification is required. The court found no error in the Single Judge's order rejecting the writ petition.
Letters Patent Appeal devoid of merits dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/LPA/1667/2012 JUDGEMNT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL NO. 1667 of 2012
In
SPECIAL CIVIL APPLICATION NO. 15016 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI Sd/-
and
HONOURABLE MR.JUSTICE S.G.SHAH Sd/-
=========================================
1. Whether Reporters of Local Papers may be NO
allowed to see the judgment ?
2. To be referred to the Reporter or not ? NO
3. Whether their Lordships wish to see the NO
fair copy of the judgment ?
4. Whether this case involves a substantial NO
question of law as to the interpretation of
the constitution of India, 1950 or any
order made thereunder ?
5. Whether it is to be circulated to the civil NO
judge ?
=========================================
PRAVINBHAI FULABHAI SHARMA....Appellant
Versus
STATE OF GUJARAT & 1....Respondents
=========================================
Appearance :
MR SD SUTHAR FOR MR NK MAJMUDAR, Advocate for the Appellant. MR NJ SHAH, Assistant Government Pleader for the respondents.
=========================================
CORAM: HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI and HONOURABLE MR.JUSTICE S.G.SHAH
Date : 07/01/2013
Page 1 of 2
C/LPA/1667/2012 JUDGEMNT
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE VIJAY MANOHAR SAHAI)
(V.M.SAHAI, J.)
(S.G.SHAH, J.)
Savariya
Page 2 of 2
2 issues framed by the court
Whether the absence of a Death Certificate issued by the District Magistrate (required only for Government hospital deaths) warrants allowance of the Letters Patent Appeal.
Whether the Single Judge committed any error in dismissing the writ petition challenging the death certificate procedure.
Pravinbhai Fulabhai Sharma
State of Gujarat
Vijay Manohar Sahai
S.G. Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
