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1953 Supreme(All) 270

DESAI, B.MUKERJI
Durgeshwar Dayal Seth – Appellant
Versus
Secretary, Bar council, Allahabad – Respondent


Advocates:
Gopal Behari and S.K. Verma, for Applicant; Advocate General, U.P., for Opposite Party.

Judgement

DESAI, J. :- This is an application by Shri Durgeshwar Dayal Seth for the issue of a writ of mandamus to the opposite-parties directing them to include his name in the new roll of Advocates without his paying any sum of money. The application is opposed by all the three opposite parties.

2. The applicant, who was called to the Bar on 18-11-35, was enrolled as an Advocate of the High Court of Judicature at Allahabad on 23-2-38 and his name was duly entered on the roll of Advocates of the same High Court under S. 8(2)(b) of the Indian Bar Councils Act, 1926. He has been practising regularly in the High Court. In 1943 the Governor-General issued the United Provinces High Courts Amalgamation Order, 1948, amalgamating the High Court of Judicature at Allahabad and the Chief Court of Avadh and establishing a new High Court, though bearing the old name of the High Court of Judicature at Allahabad, and giving a right to all Advocates, who were entitled to practise either in the High Court at Allahabad or the Chief Court of Avadh to practise in the new High Court.

The State Legislature of Uttar Pradesh amended the Indian Bar Councils Act, 1926 in 1950. The effect of the amendment was



































































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