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Bar council

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the rules framed by maharastra state bar council , imposing to pay subscription for exercising the right of vote and making compulsory casting vote for at least 10 preferrences to make the vote valid – the rules are un constitutional as the state bar council has no power to frame those rules and as the indian bar council also cannot approve the same

Non-reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (C) Nos. 18386-18387 of 2007 The Bar Council of Maharashtra & Goa … Petitioners Versus Manubhai Paragji Vashi & Ors. … Respondents WITH SPECIAL LEAVE PETITION NOs.18388-18389 OF 2007 Patil Rajiv Laxmna … Petitioner Versus Manubhai Paragji Vashi & Ors. … Respondents … Continue reading

(1) Whether the provisions of Rules 121 and 122-A of the State Bar Council of Madhya Pradesh Rules (for short, the `M.P. Rules’) are ultra vires Section 15 of the Advocates Act, 1961 (for short, `the Advocates Act’), inter alia for the reason that there is no nexus between the rule making power of the State Bar Councils and the powers provided under Section 15(1) or 15(2)(c) of the Advocates Act? Was the delegation of legislative power under Section 15 of the Advocates Act excessive, inasmuch as it does not provide any guidelines for removal of office-bearers of the State Bar Councils? (2) Whether despite the absence of the enabling provisions in the principal statute, namely, the Advocates Act, empowering subordinate State Bar Councils to enact provisions for removal of the office bearers of the State Bar Councils by `no confidence motions’, such power could be read into the general clause of Section 15(1) of the Advocates Act? (3) Whether Rules 121 and 122-A of the M.P. Rules are invalid for want of prior approval from the Bar Council of India?

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6482 OF 2011 (Arising out of SLP (CIVIL) No. 15722 of 2011) Pratap Chandra Mehta … Appellant Versus State Bar Council of M.P. & Ors. … Respondents With CIVIL APPEAL NO.6483 OF 2011 (Arising out of SLP (CIVIL) No. 16088 of 2011) Rameshwar … Continue reading

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