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S. M. SUBRAMANIAM, R. SAKTHIVEL
Combined Court Bar Association, Thiruthuraipoondi - (CCBA-TTP), Rep. by its Secretary Mr. Pon Dhammabala – Appellant
Versus
Bar Council of Tamil Nadu, Represented by its Secretary – Respondent
ORDER :
S.M. Subramaniam, J.
[PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondent herein to recognise the petitioner Association namely, Combined Court Bar Association Thiruthuraipoondi - (CCBA-TTP) as per Section 13(3) of the Tamil Nadu Advocates Welfare Fund Act, 1987 r/w Rule 3 of the Tamil Nadu Advocates Welfare Fund Rules, 1989 by considering the application of the petitioner Association dated 21.11.2022 within the time frame as may be fixed by this Court.]
The writ of mandamus has been instituted seeking direction to the respondent/Bar Council of Tamil Nadu and Puducherry to recognise the petitioner association namely, Combined Court Bar Association, Thiruthuraipoondi - (CCBA-TTP) as per Section 13(3) of the Tamil Nadu Advocates Welfare Fund Act, 1987 r/w Rule 3 of the Tamil Nadu Advocates Welfare Fund Rules, 1989 by considering the application of the petitioner/association dated 21.11.2022.
2. Mr. D. Vairamoorthy, the learned Counsel appearing on behalf of the petitioner would submit that the petitioner/Association has been registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. T
Recognition of Bar Associations by the Bar Council is discretionary and cannot be claimed as an absolute right.
Cancellation of membership from a Bar Association must be ratified by the General Body and comply with model byelaws; any failure to adhere renders the cancellation invalid.
Bar Associations are integral part of Justice Delivery System and performing the functions of public nature, Bar Association itself is a public functionary. Therefore, the High Court Administration i....
Legal consolidation among associations for Bar representation, emphasizing mediation and compliance with statutory requirements for valid byelaws.
The main legal point established in the judgment is the application of statutory immunity under Section 48 of the Advocates Act and the doctrine of merger, which resulted in the plaintiff's lack of c....
The necessity to exhaust available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
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