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2015 Supreme(Pat) 570

L. NARASIMHA REDDY, SHIVAJI PANDEY, SUDHIR SINGH
Anju Mishra – Appellant
Versus
High Court of Judicature at Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ms. Anju Mishra, Mr. Rakesh Kumar, Mr. Yogendra Prasad Azad, Mr. Chakrapani, Mr. K.K. Chaubey
For the Respondents: Mr. Bindhyachal Singh, Ms. Smriti Singh, Mr. Parijat Saurav

Judgment

L. Narasimha Reddy, J.

In this batch of writ petitions, the amendment dated 10.12.2009 through which “Registration of Advocates as Advocates-on-Record of the Patna High Court Rules” were framed, under heading [D] in Chapter XXIV of Part V of the Patna High Court Rules, 1916, is challenged. For the sake of brevity, the impugned amendment is referred to as “the Rules”. The High Court caused the amendment in exercise of power conferred under Section 34 of the Advocates Act, 1961 (For short, “the Act”).

2. The petitioners are the advocates, registered as such by the State Bar Council. Their contention is that amendment is contrary to the Articles 14 and 19(1)(g) of the Constitution of India; Section 30 of the Act and ultra vires to the power conferred upon the High Court under Section 34 of the Act.

3. The purport of the Rules is that an advocate, who is registered as such with the Bar Council of any State, would not be entitled to practise in the Patna High Court in any manner unless he passes the examination conducted by the High Court and is recognized as Advocate on Record (AOR). The conditions, subject to which an advocate can apply for appearing in the examination, are also

















































































































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