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2004 Supreme(Gau) 356

TINLIANTHANG VAIPHEI
Tripura Bar Association – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: D.K. Biswas and P.R. Barman, Advs.
For Respondents/Defendant: B.R. Bhattacharjee, S. Deb and T.D. Majumder, Advs.

JUDGMENT

T. Vaiphei, J.

1. This writ petition filed by the Tripura Bar Association is directed against the Notification No. F.5(7)-REV/87 dated 5.2.2002 issued by the Revenue Department, Govt. of Tripura by which the Advocates even if they enroll themselves as a Member of the Bar Council, are not allowed to practice deed writing without obtaining deed writing licence from the competent authority. The Bar Association also challenges the vires of Tripura Registration (Amendment) Rules, 1989 which are framed Under Section 69(bb) of the Indian Registration Act, 1908.

2. Heard Mr. D.K. Biswas, learned Counsel appearing for the petitioner - Bar Association. I have also heard Mr. B.R. Bhattachajree learned senior Counsel assisted by Mr. S. Deb and Mr. T.D. Majumder, learned Counsel appearing on behalf of the respondents.

3. At the very outset, Mr. B.R. Bhattacharjee, learned senior Counsel for the respondents has raised preliminary objection on the maintainability of the writ petition on the ground that the Tripura Bar Association is an unregistered association and this association, which is not a legal entity, cannot sue in its name. Thus, according to the Counsel for the respondent, the wr















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