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Tag: Advocates Act Section 24 – Persons who may be admitted as advocates on a State roll

Bar Council of Kerala Vs Raju Y and Anr on 04 Jan 2019

Posted on April 24 by ShadesOfKnife

Supreme Court refused (dismissed summarily) to consider the SLPs filed by Bar Council of Kerala against the decision of the division bench of Kerala High Court upon a writ appeal from here (including one filed against T.Koshy, Diary No. 43042/2018), which held that Bar Council (of any State or India) do not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee. .

2019-01-04 Bar Council Of Kerala Vs Raju Y and Anr on 04 Jan 2019

Citations:

Other Sources :

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocate Antics Advocates Act Section 24 - Persons who may be admitted as advocates on a State roll Bar Council of Kerala Vs Raju Y and Anr Bar Council of Kerala Vs T.Koshy Illegal fees during Enrollment to State Bar Council Landmark Case | Leave a comment

Bar Council of Kerala Vs T.Koshy on 12 Apr 2018

Posted on April 24 by ShadesOfKnife

A division bench of Kerala High Court (Order written by Chief Justice!) upon a writ appeal from here) held that Bar Council (of any State or India) do not have power to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee. This was eventually taken to Supreme Court where the Bar Council failed to convince the Apex Court here.

From Para 7,

7.Thus the surviving question is whether the fixation of special fee is encompassed by the conditions which the Bar Council is entitled to prescribe in the rules made by it in view of section 24(1)(e) and section 28(2)(d). As we have already seen and as found by the learned single Judge, in section 24(1)(f), the Legislature itself has prescribed the enrolment fee payable by a candidate applying for enrolment with a Bar Council of a State. Once the legislature has prescribed enrolment fee, another fee, be it called a special fee or anything else, can legitimately be prescribed by a State Bar Council or any other authority only if there is an express legislative sanction therefor. In so far as section 24(1)(e) is concerned, all that it empowers the State Bar Council is to specify in the rules made by it under Chapter III of the Act the other conditions that a candidate should fulfill for enrolment. That rule making power also finds reflection in section 28(2)(d) which provides for the power of the Bar Council to make rules prescribing the conditions subject to which a person could be admitted as an advocate on its rolls. These provisions, in our view, only deal with the eligibility conditions and those conditions do not empower the Bar Council to prescribe any fee for the enrolment, either in the form of enrolment fee or special fee. Therefore, the prescription of special fee as done by the Bar Council of Kerala is totally ultra vires its powers as conferred under the Advocates Act, 1961.

2018-04-12 The Bar Council of Kerala Vs T.Koshy on 12 Apr 2018

Citations :

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https://www.casemine.com/judgement/in/5b59b5e74a93261b1dbe8e49

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Advocates Act Section 24 - Persons who may be admitted as advocates on a State roll Affirmed by Supreme Court of India or SLP dismissed Bar Council of Kerala Vs T.Koshy Illegal fees during Enrollment to State Bar Council | Leave a comment

Bar Council of Kerala Vs T.Koshy on 30 Nov 2016

Posted on April 24 by ShadesOfKnife

A wonderful judgment from a single judge bench of Kerala High Court held as follows:

 

2016-11-30 The Bar Council of Kerala Vs T.Koshy on 30 Nov 2016

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Other Sources :


This decision was upheld by a division bench of Kerala High Court here and Supreme Court refused to consider the SPLs filed by Bar Council of Kerala here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged Advocates Act Section 24 - Persons who may be admitted as advocates on a State roll Affirmed by Supreme Court of India or SLP dismissed Bar Council of Kerala Vs T.Koshy Illegal fees during Enrollment to State Bar Council | Leave a comment

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