P.SUBRAMONIAN POTI, V.KHALID
RAMMOHAN – Appellant
Versus
JAYAKRISHNAN – Respondent
The Kerala Advocates' Welfare Fund Act establishes a fund to provide social welfare benefits to advocates, including retirement benefits after five years of practice, funded by various sources such as enrolment fees, subscriptions, donations, grants, and notably, revenue from the sale of Welfare Fund Stamps. (!) (!) (!) Section 23(1) mandates that every member of the Fund must affix one such stamp (valued at Rs. 2/-) on every vakalath filed by them, and no court, tribunal, or authority may receive an unstamped vakalath from a member. (!) (!) (!) This requirement applies even to joint vakalaths signed by multiple advocates, as each signing advocate who is a member is considered to be filing their own vakalath, necessitating a separate stamp per member. (!) (!) (!) (!) The stamp value cannot be recovered as costs from the client, and violations may lead to loss of Fund benefits and Bar Council action. (!) Courts may accept unstamped vakalaths from non-members if accompanied by a declaration to that effect. (!) This stamp obligation supports the Act's welfare goals by augmenting Fund revenue, which should be interpreted liberally rather than restrictively as in fiscal statutes. (!) In the scenario presented, where five advocates filed a joint vakalath with only one stamp and no non-membership declarations, four additional stamps were required to proceed. (!) (!) A vakalath authorizes advocates to act under procedural rules (e.g., CPC Order III Rule 4), remains effective until revoked or terminated, and must be filed for each advocate to appear. (!) (!) (!) (!)
1. The Criminal Revision Petition has not been numbered by the office of the High Court since the office felt a doubt whether the Vakalath of the Advocates accompanying the Revision Memorandum could be received in court for want of sufficient stamps required to be affixed under the provisions of the Kerala Advocates' Welfare Fund Act. A question of some importance on the point of revenue that may go to enrich the Advocates' Welfare Fund arises here. The State of Kerala can claim the credit of introducing for the first time in India an enactment to extend a substantial measure of social welfare to the members of the legal profession. The Act came into force on 5th April, 1981 The Government is obliged, under the provisions of the Act, to constitute a fund called the 'Advocates' Welfare Fund" to which amounts received from the Bar Council equal to 20 per cent of the enrolment fees realised by it is credited. Other contributions by the Bar Council of the State or voluntary donation or contribution made by the Bar Council of India, any Bar Association, any other association or institution, any advocate or any other person, besides any grant made by the State Government, wou
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.