HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND, J.
Smt. Meena Devi, W/o. Late Ramshnehi – Appellant
Versus
Rahul Haldiya, S/o. Shri Mahendra Kumar Sharma – Respondent
S.B. Civil Miscellaneous Appeal No. 3327 Of 2018
Decided On : 11-02-2026
| Table of Content |
|---|
| 1. application for condonation of delay in appeal (Para 1 , 2) |
| 2. challenges and needs of young advocates (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. establishment of junior advocates welfare fund (Para 15 , 16 , 18 , 19) |
| 4. compliance and reporting requirements (Para 20 , 21) |
ORDER :
ANOOP KUMAR DHAND, J.
Support growth, respect young talent and help to create a legal system where every young budding lawyer feels confident and helpful.
1. Matter comes upon misc. application No. 1592/2018 filed by the applicant under Section 5 of the Limitation Act seeking condonation of 450 days delay in filing the appeal.
2. Counsel for the appellants submits that the appellants could not contact their counsel and as such they were unaware about the impugned judgment dated 10.01.2017 being passed by the Motor Accident Claims Tribunal, Dausa (hereinafter referred to as ‘Tribunal’). Hence, the delay has occurred in filing the instant appeal and the same be condoned as the amount of compensation so awarded by the Tribunal is inadequate and the instant appeal has been filed by the appellants seeking enhancement of the amount of compensation.
3. This Court is not satisfied with the reasons/explanation given for the inordinate delay of 450 days but looking to the fact that important questions of law and facts are involved in this appeal, the application stands allowed subject to deposition of cost of Rs. 11,000/- in the “Junior Advocates Welfare Fund for purchasing Law Books” with the Rajasthan High Court Bar Association, Jaipur.
4. The reason for passing this order is that this Court is aware about the practical difficulties being faced by the young junior Advocates having practice of less than 5 years. The first generation young budding lawyers have no support to establish their practice and they have no resources to purchase the necessary law books, which are required by them every day.
5. Becoming a lawyer is a proud moment. After years of study, many young people enter courts with hope and confidence. They want to learn, grow, and serve justice. These new lawyers are often referred to as Young Advocates. Their journey starts with big dreams, but the reality of court life is not easy. Long working hours, low income, lack of space, and little guidance make the early years stressful. Young Advocates work hard every day. They prepare case files, read laws, assist seniors, and wait for long hours in courts. Still, their efforts often go unnoticed. A strong legal system needs strong Young Advocates. If they get proper support in the beginning, they can become honest and skilled professionals. Helping Young Advocates is not a favor. There is a need for a better justice system.
6. Young Advocates are lawyers who are in the first few years of their legal practice. This is the learning stage of their career. During this time, they understand court procedures, drafting, client handling, and professional behavior. The legal system depends heavily on these Young Advocates. They do research work, prepare documents, and support senior lawyers in court cases. They bring fresh thinking and new energy to the system. When Young Advocates grow well, courts work better. When they feel ignored, the system becomes weak. Supporting them helps build a strong future for law and justice.
7. Junior young lawyers, particularly first generation Advocates face significant hurdles in establishing their practice, which is further exacerbated by lack of access to necessary law books. Without access to necessary law books, they struggle to prepare cases efficiently. Many beginners cannot afford to purchase the necessary books; which can limit their independent growth and professional development.
8. Money problems are very common for Young Advocates. In the early years, income is not fixed. Some months pass without any earning. Daily expenses like travel, food, books, and rent continue to rise. Many Young Advocates depend on their families even after starti
The court condoned a 450-day delay in appeal filing under Section 5 of the Limitation Act, emphasizing the need for supporting young advocates with welfare schemes for accessing necessary law resourc....
The court mandated minimum stipends for Junior Advocates to ensure their livelihood and directed the Bar Council to expedite Welfare Fund enhancements.
The court ruled that young advocates do not have a legally established right to claim stipends under Article 21, thus they cannot mandate financial assistance from the Bar Councils.
The legislative intent behind the age limit for eligibility to the Fund was to distinguish Advocates who joined the profession directly from law school without employment with terminal benefits, and ....
scheme of the Advocates Act, 1961 as also the various Bar Council Rules and Regulations give primacy to the place of practice and not residence. Governmental policies are amenable to judicial review ....
The court established that judicial review does not extend to directing government action in administrative matters, particularly regarding financial assistance and fund allocation.
constitutional right - Right of Advocates/Legal practitioners to represent either parties before Tribunal/Appellate tribunals - Constitutional right guaranteed under Article 21 of Constitution and le....
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