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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S SUNIL DUTT YADAV
Chamarajanagara Taluk Vakeelara Sanga – Appellant
Versus
Karnataka State Bar Council – Respondent
ORDER :
S SUNIL DUTT YADAV, J.
The memorandum of Compromise Petition under Order 23 Rule 3 read with Section 151 of CPC and read with Rule 39 of the Writ Proceedings Rules has been filed.
2. The settlement is arrived at between the petitioner and respondent Nos.2 to 5. It reads as follows:-
" MEMORANDUM OF COMPROMISE PETITION UNDER ORDER 23 RULE 3 AND SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 R/W. RULE 39 OF THE WRIT PROCEEDINGS RULES
Petitioner and the respondents 2 to 5 herein humbly submit as follows: -
1. In the above writ petition, at the request of both partiers, the hon'ble Court by order dated 10-03-2025 was pleased to appoint the learned counsel, Mr. H.C. Shivaramu, Advocate as a Mediator to mediate amongst the warring factions, resolve the issues interse and submit a report. The said learned counsel visited Chamarajanagar on 17-04-2025, held meetings with the petitioner (sic) and the respondents 2 to 5 herein and their representatives (sic) and the members of the BAR at Chamarajangar. After negotiations and persuasions, the matter was amicably resolved as under:
2. On the suggestion of Mr.Shivaramu, a committee of 14 senior members of the legal fraternity at Chamarajan
Legal consolidation among associations for Bar representation, emphasizing mediation and compliance with statutory requirements for valid byelaws.
Cancellation of membership from a Bar Association must be ratified by the General Body and comply with model byelaws; any failure to adhere renders the cancellation invalid.
Recognition of Bar Associations by the Bar Council is discretionary and cannot be claimed as an absolute right.
The main legal point established in the judgment is the importance of correctly interpreting the specific provisions of the Rules, 2006 in the context of affiliation, and ensuring that the denial of ....
A writ petition under Article 226 requires a legal right and corresponding obligation, which were absent in this case, leading to dismissal.
Section 23 of Act, 1955 reads as Provision for dissolution of societies and adjustment of their affairs.
Internal disputes of societies must be resolved through arbitration or District Court as per Section 23 of the Societies Registration Act, 2001, not via writ petitions.
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