NIRMALA J. JHALA vs STATE OF GUJARAT

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2013 Supreme(SC) 260

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
NIRMALA J. JHALA – Appellant
Versus
STATE OF GUJARAT – Respondent

JUDGMENT

Dr. B.S. Chauhan, J::- This appeal has been preferred against the impugned judgment and order dated 25.8.2004, passed in Special Civil Application No.5759 of 1999, by way of which the challenge to punishment order of compulsory retirement of the appellant has been turned down.

2. Facts and circumstances giving rise to this appeal are:

(A) That the appellant had joined the Gujarat State Judicial Service in 1978, and was promoted subsequently as Civil Judge (Senior Division) in 1992. She was posted as Chief Judicial Magistrate (Rural) in Ahmedabad. In December 1991, she was trying one Gautam Ghanshyam Jani in CBI Case No.5 of 1991 for the offence of misappropriation and embezzlement of public money. The accused filed a complaint with the CBI on 19.8.1993, against the appellant alleging that she had demanded a sum of Rs.20,000/- on 17.8.1993 as illegal gratification, to pass order in his favour, through one C.B. Gajjar, Advocate. As it was not possible for the complainant to pay the said amount, the appellant had agreed to accept the same in installments, and in order to facilitate the said complainant’s efforts to arrange the said amount in part, she had even granted adjou

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Judicial Analysis

None of the cases explicitly indicate that a precedent such as Nirmala J. Jhala v. State of Gujarat (2013) 4 SCC 301 has been overruled, reversed, or explicitly criticized as bad law. The repeated references to Nirmala Jhala suggest it remains a significant and generally upheld authority in the context of judicial review, preliminary inquiries, and disciplinary proceedings. There are no indications within the provided list that any case law citing or relying on Nirmala Jhala has questioned, criticized, or overruled it.

Numerous entries (e.g., AIR 2013 SC 1513, (2013) 4 SCC 301) explicitly state that subsequent decisions have "followed" or "reiterated" the principles laid down in Nirmala Jhala, indicating strong judicial adherence and affirmation. For example:

* "The Supreme Court recently in Nirmala J. Jhala v. ... (2013) 4 SCC 301 ... has again reiterated ..." (multiple entries)

* "The Supreme Court in the case of Nirmala J. Jhala v. ... (2013) 4 SCC 301 ... held that..." (several references)

* "The decision in Nirmala J. Jhala v. ... (2013) 4 SCC 301 deserves consideration" (various references)

These all suggest the case remains a binding and respected precedent, consistently followed in subsequent judgments.

There are no clear instances in the list where a case explicitly states that Nirmala Jhala or any other case has been distinguished or set apart from other rulings. The references focus predominantly on following or reiterating the principles.

Several references to Nirmala Jhala involve detailed discussions of its principles, but without explicit language indicating whether the case has been criticized or questioned. For example:

* "In Nirmala J. Jhala v. ... (2013) 4 SCC 301 ... the Supreme Court explained..." (implying continuing authority)

* "The observations of the Supreme Court in Nirmala J." (without context of whether they have been questioned or criticized)

Some entries mention reliance on Nirmala Jhala in the context of legal principles but do not specify whether subsequent courts have upheld, questioned, or limited its scope. Given the absence of explicit negative treatment, these are categorized as uncertain.

In summary, the list predominantly shows that Nirmala Jhala (2013) 4 SCC 301 remains a highly influential and consistently followed case law, with no clear indications of overruled or bad law treatment. The treatment pattern is overwhelmingly one of adherence and reaffirmation, with no explicit criticism or reversal evident from the provided data.

2013 Supreme(SC) 260

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLANIRMALA J. JHALA – AppellantVersusSTATE OF GUJARAT – Respondent

Judicial Analysis

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
NIRMALA J. JHALA – Appellant
Versus
STATE OF GUJARAT – Respondent