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S. M. SUBRAMANIAM, C. KUMARAPPAN
R. Balasubramanian – Appellant
Versus
Union of India, Represented by its Secretary to Government, Ministry of Prime Minister – Respondent
ORDER :
S.M. Subramaniam, J.
The Writ of Mandamus has been instituted to direct the respondents 1 to 6 to consider the representation dated 15.05.2020 to provide loan to minimum of Rs.5 lakhs immediately under the Scheme of Special Economic Stimulus Package of Rs.20 lakhs Crore for the people announced by the third respondent, through Nationalised Bank repayable within 6 years or adjust from State Advocates Welfare Fund Scheme allotted by the Tamil Nadu State Government vide G.O.(2D) No.22 of Tamil Nadu and Puducherry Advocate Welfare Fund Act, 1987 dated 30.01.2018 issued by the Home (Courts-V) Departments Government of Tamil Nadu without any security and interest to the Advocate Member in Bar Council who are identified by the respective State Bar Councils in order to eak out their livelihood and to meet out the expenses to install the required technical instruments on suo motu orders under Article 142 of the Constitution of India by the Hon'ble Supreme Court that 'TECHNOLOGY IS HERE TO STAY” for continuing the practice of all over Tamil Nadu and Puducherry and other parts of India.
2. The petitioner is practicing Lawyer.
3. The grievance of the petitioner is that during Covid-19 pand
The court established that judicial review does not extend to directing government action in administrative matters, particularly regarding financial assistance and fund allocation.
The court mandated minimum stipends for Junior Advocates to ensure their livelihood and directed the Bar Council to expedite Welfare Fund enhancements.
The necessity to exhaust available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
Discrimination based on income for advocates in the allotment of government scheme plots is unjust and should be set aside.
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 ....
Voluntary surrender of sanad does not extinguish the right to resume practice, as the right to practice law is constitutionally protected.
The pendency of a criminal case against an applicant serves as a bar to enrollment as an advocate before the Bar Council.
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