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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Mahendar Kumar Goyal, J.
Rajasthan High Court Bar Association – Appellant
Versus
State Of Rajasthan & Ors. – Respondents
Civil Writ Petition No. 2316/2022
Decided On : 08-02-2022
Emblems and Names Act - Registration of Association - Violation of Prohibited Use - Advocate Act - Use of Name and Nomenclature
Fact of the Case:
The petitioner challenged the approval granted for the registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' under the Rajasthan Societies Act, 1958, citing violations of the Emblems and Names (Prevention of Improper Use) Act, 1950 and the Advocate Act, 1961.
Finding of the Court:
The court restrained the respondents from issuing the registration certificate to the association until further orders, considering the contentions raised by the petitioner and the material on record.
Issues: Violation of Emblems and Names Act, 1950 and Advocate Act, 1961 in the registration of the association.
Ratio Decidendi: The court found merit in the petitioner's arguments regarding the prohibited use of the High Court's name and the nomenclature of 'Senior Lawyers Association' under the relevant legal provisions.
Final Decision: The court restrained the respondents from issuing the registration certificate to the association until further orders.
ORDER
1. Amended Cause title is taken on record.
2. Mr. Rajendra Prasad, learned Senior Counsel submitted that the approval granted by the respondents No.1 & 2 for registration of 'Rajasthan High Court Senior Lawyers Association, Jaipur' under the Rajasthan Societies Act, 1958 is violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950 which prohibits use of name of the High Court of any State for any purpose without authorization. He submits that no such authorization has been issued in favour of the Association. He also objects to the use of word "Senior Lawyers Association" in the name of society as it is in violation of Section 16 of the Advocate Act, 1961 (for brevity "the Act of 1961"). Referring the provisions of Section 16 of the Act, learned Senior Counsel submitted that there are only two classes of Advocates, i.e, Senior and other Advocates with no such nomenclature as designated Senior Counsel and hence, considering the reply filed by the respondent No.3 to the objection raised by the petitioner to its registration, approval for registration could not have been extended. Learned Senior Counsel submitted that registration certificate in favour of the respondent-Association is yet to be issued which may be issued any day.
3. Issue notice of the writ petition as well as of stay application. Rule is made returnable by five weeks. Notices be filed in two sets. One set of notices be sent through registered post with acknowledgment due. Steps to be taken within a week.
4. Heard learned counsel for the petitioner on interim relief.
5. Taking into consideration the contentions advanced by learned Senior Counsel and the material on record, the respondents No.1 & 2 are restrained from issuing registration certificate in favour of the respondent No.3 & 4, till further orders.
AI
Prohibition on the use of the High Court's name and specific nomenclature under the Emblems and Names Act, 1950 and the Advocate Act, 1961.
Point of Law – The Scheme of the Act, 1950 would manifest that the Act, 1950 is intended to curb the menace of exploitation of citizens by naming commercial entities in such a manner that the general....
No person shall use or continue to use for the purpose of any trade, business, calling or profession, or in the title of any patent, or in any trademark or design, any name or emblem specified in the....
Registration of societies must adhere to statutory naming provisions, and conflicting names must not exist at the time of registration.
The designation of Senior Advocates by the High Court must follow principles of transparency and valid criteria as per the Advocates Act, 1961.
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