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2009 Supreme(Bom) 1740

J.P.DEVADHAR, SWATANTER KUMAR
LAWYERS COLLECTIVE – Appellant
Versus
Bar Council of India – Respondent


Advocates appeared:
For the Petitioner:Chander Uday Singh, Senior Advocate with Anand Grover with Ms. Firdaus Moosa, Advocates. For the Respondents:R2, A.G. Damle, R4, P.A. Jani i/by Vigil Juris, R6, S.U. Kamdar, Senior Advocate with Sandeep Mahadik i/by M/s.Bhasin & Co., R7, R9, R10 & R11, Rajinder Singh, Senior Advocate, Deobia, Senior Advocate, R.V. Desai, Senior Advocate, M.I. Sethna, Senior Advocate with A.M. Sethna and Vinod Joshi, R8, A.Y. Sakhare, Senior Advocate with N.H. Munjjee & Rajesh Talekar i/by M/s.K. Ashar & Co., R12, N.H. Seervai, senior Advocate with Firdosh Pooniwala i/by M/s. Little & Co., R13, Shiraz Rustomji with Anil Agarwal, R14, I.M. Chagla and D.H. Khambata, Senior Advocates with Simil Purohit i/by M/s.Kanga & Co., R15, S.N. Fadia i/by Naresh Fadia, Advocate. For the Intervenors:Venkatesh Dhond with Prashant Beri i/by M/s.Beri & Co., Advocates.

Judgment :

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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