M. R. SHAH, A. S. BOPANNA
District Bar Association Dehradun – Appellant
Versus
Ishwar Shandilya – Respondent
| Table of Content |
|---|
| 1. strikes by lawyers are considered contemptuous. (Para 1 , 5) |
| 2. lawyers have no right to strike or boycott court. (Para 2) |
| 3. repeated strikes disrupt access to justice. (Para 3) |
| 4. court has the authority over conduct of advocates. (Para 4) |
ORDER :
2. In the case of Ex-Capt. Harish Uppal (supra), this Court has specifically observed and held that the lawyers have no right to go on strike or even token strike or to give a call for strike. It is also further observed that nor can they while holding Vakalat on behalf of clients, abstain from appearing in courts in pursuance of a call for strike or boycott. It is further observed by this Court that it is unprofessional as well as unbecoming for a lawyer to refuse to attend the court even in pursuance of a call for strike or boycott by the Bar Association or the Bar Council. It is further observed that an Advocate is an officer of the court and enjoys a special status in the society; Advocates have obligations and duties to ensure the smooth functioning of the court; they owe a duty to their clients and strikes interfere with the administration of justice. They cannot thus disrupt court proceedings and put interest of the
Ex-Capt. Harish Uppal vs. Union of India
Common Cause, A Registered Society vs. Union of India
Krishnakant Tamrakar vs. State of Madhya Pradesh
District Bar Association, Dehradun through its Secretary vs. Ishwar Shandilya and Others
Mahabir Prasad Singh vs. Jacks Aviation (P) Ltd. (1999) 1 SCC 37 [Para 3]
Lawyers have a duty to ensure the smooth functioning of the court and cannot disrupt court proceedings. Strikes interfere with the administration of justice and are against the duty of lawyers as off....
Lawyers have no right to strike, as established by the Supreme Court, and any such action will be treated as criminal contempt.
Lawyers have a duty to attend trial, and strikes interfere with the administration of justice. Courts are obligated to hear and decide cases, and lawyers have no right to go on strike or give a call ....
The main legal point established in the judgment is the duty of courts to ensure expeditious trials and take action against striking lawyers for professional misconduct and contempt of court, highlig....
The main legal point established in the judgment is that the State Bar Council's call for strike was illegal, unconstitutional, and against statutory provisions. It also emphasized that lawyers have ....
The main legal point established in the judgment is that the State Bar Council has no authority to compel lawyers to abstain from work, and such actions are illegal, unconstitutional, and against sta....
Lawyers cannot engage in strikes or boycotts, as such actions are illegal and undermine the justice system.
Lawyers' strikes violate litigants' right to justice; conditions for bail must not impede the right to personal liberty.
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