J.P.DEVADHAR, SWATANTER KUMAR
LAWYERS COLLECTIVE – Appellant
Versus
Bar Council of India – Respondent
Oral Judgment: (J.P. Devadhar, J.)
1. Basically two questions are raised in this petition. They are, firstly, whether the permissions granted by the Reserve Bank of India to the respondent Nos.12 to 14 foreign law firms to establish their place of business in India (liaison office) under Section 29 of the Foreign Exchange Regulation Act, 1973 are legal and valid ? Secondly, assuming such permissions are valid, whether these foreign law firms could carry on their liaison activities in India only on being enrolled as advocates under the Advocates Act, 1961 ? To be specific, the question is, whether practising in non litigious matters amounts to ‘practising the profession of law’ under section 29 of the Advocates Act, 1961?
2. The Parliament has enacted the Advocates Act, 1961 (‘1961 Act’ for short) to regulate the persons practising the profession of law. To ensure the dignity and purity of the noble profession of law, the 1961 Act provides for establishment of the State Bar Councils and the Bar Council of India. The Bar Councils have been created at the State level as also at the Central level not only to protect the rights, interests and privileges of its members but also
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Pravin C. Shah Vs. K.A. Mohd Ali (2001) 8 SCC 650
Sushma Suri Vs. Govt. of National Capital Territory of Delhi & Another (1999) 1 SCC 330
Supreme Court Bar Association Vs. Union of India (1998) 4 SCC 409
Indian Council of legal Aid and Advice Vs. Bar Council of India (1995) 1 SCC 732.
Jamilabai Vs. Shankarlal AIR 1975 S.C. 2202.
Bar Council Vs. The State of U.P. (1973) 1 SCC 261
O.N. Mohindroo Vs. Bar Council AIR 1968 S.C. 888
In Re lily Isabel Thomas AIR 1964 SC 855
Bengal Immunity Co. Limited Vs. State of Bihar AIR 1955 S.C. 661.
Ashwini Kumar Vs. Arabinda Bose AIR 1952 S.C. 369.
Mulchand Gulabchand Vs. Mukund S. Bhide AIR 1952 Bom 296.
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