Wednesday, August 31, 2016

Rules restricting appearance of outside lawyer in court without local lawyer are valid: SC

Rules 3 and 3A of the Allahabad High Court Rules, 1952 which mandates that a lawyer outside state cannot appear in Court without a Local lawyer's appointment are perfectly valid, legal and do not violate right of appellant under article 19(1) (g ) of the Constitution

Facts:

a) The Allahabad High Court framed Rule 3 and 3A of the Allahabad High Courts Rules, 1952 under the Advocates Act, 1961. As per the Rules, an Advocate who is not on the Roll of Advocate or the Bar Council of the State is not allowed to appear, act or plead in the said Court unless he files an appointment along with the advocate who is on the Roll of such State Bar Council and is ordinarily practicing in that Court.


b) The appellant filed writ petition challenging constitutional validity of the provision of Rule 3 and 3A mainly on the ground that these Rules put an unreasonable restriction on his right to practice as an Advocate and are also ultra vires the provisions of Section 30 of the Advocates Act, 1961 however, the writ petition was dismissed by the High Court.

On appeal, the Apex Court held as under:

1) Dismissing the appeal, the Supreme Court held that Rules 3 and 3A of the Allahabad High Court Rules, 1952 are perfectly valid, legal and do not violate the right of the appellant under Article 19(1)(g) of the Constitution of India. - [2016] 72 taxmann.com 331 (SC)
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