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1933 Supreme(All) 233

S. , an Advocate – Appellant
Versus
Judges of High Court of Judicature, Allahabad – Respondent


ORDER

1. This is an application for leave to appeal to His Majesty in Council from an order of a Bench of this Court suspending the applicant who is an enrolled Advocate, for a period of three months. A preliminary objection is taken by the Government Advocate that no leave to appeal to His Majesty in Council can be given by this Court. It is urged that the suspension of the Advocate is in the exercise of the power especially conferred upon this Court by Clause (8), Letters Patent, and by the Bar Councils Act of 1926, and that when exercising such power the High Court is not exercising any jurisdiction, much less civil jurisdiction. It is therefore contended that Clause 30, Letters Patent, would not at all apply and there would be no appeal to the Privy Council. It is further contained that the case not being a civil case to which Sections 109 and 110, Civil P. C. can apply, no leave can be granted under those sections.

2. Reliance is placed on the view which has been expressed in some of the other High Courts in India. In Ganesh S. Dandvate v. Government Pleader, Bombay (1908) 32 Bom 106, it was laid down that a vakil of the Bombay High Court who had been suspended in the exercise o

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