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2017 Supreme(Ker) 1521

ALEXANDER THOMAS
Jinan – Appellant
Versus
Bar Council of Kerala – Respondent


Advocate Appeared:
For the Petitioner: M.M. Monaye, M. Paul Varghese, R. Anilkumar, V.S. Babu Gireesan, T. Madhu, V. Devananda Narasimham, R.K. Muraleedharan, N.M. James, Rajesh Chakyat, P.H. Riyas, Aathira A. Menon, E.A. Thankappan, Chandrasekhar G. (Party in Person), Sherry J.Thomas & T. Koshy
For the Respondent:Grashious Kuriakose & P. Ravindran (Sr. Advocates), T.T. Rakesh, Sreedhar Ravindran, Rajit, N. Nagaresh (Asst. Solicitor General of India), P.L. Venukumar, M.C. Mony (C.G.C.’s) & Saigi Jacob Palatti (Sr. Government Pleader)

JUDGMENT :

1. All these Writ Petitions (Civil) have been instituted by persons, who had initially secured enrolment with the respondent Bar Council of Kerala as per the provisions of the Advocates Act, 1961 and after obtaining employment, suspended their right to practice and after their superannuation from employment, had made applications for resumption of their legal practice, as per the provisions of the Bar Council of India (BCI) Rules. The grievance projected by these petitioners is that the power to levy fee in respect of any matter as per the provisions of the Advocates Act has been exclusively conferred on the BCI as per S.49(1)(h) and that as per the rules made in that regard under S.49(1)(h), the fee prescribed by the BCI for resumption is Rs.5,000/- which is payable by the applicant concerned to the State Bar Council and Rs.2,000/- to the BCI, thus totalling to Rs.7,000/- only and that, in spite of this statutory prescription, the respondent Bar Council etc. of Kerala has demanded payment of amounts much higher than Rs.7,000/-, coming to Rs.35,000/- to Rs.52,000/-, i






















































































































































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