✦ Patna High Court

The Bar Council of India v. Mr. P.K. Jha

JUDICATURE AT PATNA CWJC No. 10226 of 2009AJAY KUMAR TRIPATHI

Case at a glance

Provisions considered

Judgment

1.

The Bar Council of India through its Chairman, New Delhi.

2.

The Chairman, Special Committee for the Bihar State Bar Council, Patna.

3.

The Secretary, Bihar State Bar Council, Patna.

4.

Mr. Suraj Narain Pd. Sinha, S/O Late Parmeshwar Dayal, Chairman B.C.I. at present Versus practicing at Patna High Court, Patna.

5.

Mr. P.K. Jha, S/O Diwakar Jha, Member, Special Committee, Bihar State Bar Council, Patna. …. ----------- …. Respondents

21.8.2009. Heard counsel for the parties. Petitioner has challenged the issuance of notice dated

11.8.2009 which is contained in Annexure-20 to the writ application. This is a notice which has been issued to the petitioner in exercise of power under Section 36 of the Advocates Act, 1961. Petitioner has challenged the said notice as well as initiation of the proceeding against him as being de hors the law. Learned senior counsel representing respondent no.2 and 3 submits that the writ application is premature and petitioner has all the liberty to raise every objection including the initiation of the proceeding of the notice which has been issue to him before the Bar Council of India and allow them to render their opinion on all the objections. It may be a hasty challenge to such an act. After having perused the provisions and the sections of the Advocates Act in this regard, this Court is in agreement with the same. Let the petitioner appear before the Bar Council of India in terms of - 2 - Annexure-20 or take such action as may be advised to him. The writ application cannot be maintained at this stage. It is accordingly dismissed. Pawan/- (Ajay Kumar Tripathi, J.)

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

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