Allowed

Bharatkumar Chandrahans Satav v. Vanita Somesh Shinde and Others

Bombay HC20 Dec 2022WP/326/2021

Case brief

AI extract

What is this about?

Petitioner, a practicing advocate and former judicial officer, challenged an order terminating his vakalatnama under Rule 7 of Bar Council Rules. The High Court quashed Rule 7 as violative of Article 14 and struck down its operative provisions. The separate application was discharged.

What did the court decide?

Rule 7 of Bar Council of India Rules struck down as violative of Article 14; order dated 06.06.2019 set aside; WRN allowed with costs.

Bharatkumar Chandrahans Satav Vs Vanita Somesh Shinde… — Service and Employment | Bombay HC (2022)

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1 938-WP-326-2021

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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938 WRIT PETITION NO.326 OF 2021

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BHARATKUMAR CHANDRAHANS SATAV

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VERSUS

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VANITA SOMESH SHINDE AND OTHERS

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Advocate for Petitioners : Mr Mukul S.Kulkarni AGP for Respondent No.3/State Mr S.N. Morampalle Advocate for Respondent No. 1 : Ms Vanita Shinde holding for h/f Ms Nima Suryawanshi Advocate for Respondent No. 2 : Mr P.V Salve h/f Mr D.A. Madake

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CORAM : SANDEEP V. MARNE, J. DATE : 20TH DECEMBER, 2022

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PER COURT :

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Heard.

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By this petition, petitioner, who is then practicing advocate has challenged order dated 06.06.2019 passed by the District Judge-1, Kopargaon not permitting him to appear as an advocate on behalf of the respondent in appeal and terminating his vakalatnama. The direction is issued relying on the Rule 7 of the Bar Council of India Rules which reads thus -

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In the result, on this short ground, we allow the petition and strike down the whole of the said Rule 7 as being violative of Article 14 of the Constitution. The Rule is made absolute accordingly with costs.

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In view of the above order in the main petition, there will be no orders in Civil application No. 2623 of 1978.

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2 938-WP-326-2021

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Petitioner had joined judicial service on the post of District Judge and the Additional Sessions Judge in the year 1992 but has resigned in the same year and has been practicing since the year 1992 till passing of the impugned order dated 06.06.2019. It is submitted that though petitioner is not insistent on appearing in Misc. Civil Appeal No. 16/2017, petitioner apprehends that the order will come in the way of he practicing in all the District Courts or Courts subordinate thereto.

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Reliance is placed on the decision of the Single Judge of the Gujrat High Court in Praful Ambalal Patel Vs. Badansingh Ramsingh Rajput, R/Special Civil Application No. 10113/2019 decided on 07.02.2020 in which Rule 7 has been held to have been prospectively. It is held in paragraph in 21 as under :-

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Ordinarily, substantive laws would have prospective effect whereas procedural laws would apply retrospectively (meaning thereby that it shall come into effect from the past date so that the question of retrospective operation would arise in substantive law only), unless otherwise intended by the legislature. Retrospective operation also is not to be given to the statute unless an intention to that effect is unambiguously made out. Here, this court is dealing with the rules where it has not expressly specified in this regard. Again, the amended rule has a direct bearing on right to profess and the same cannot be termed as procedural. Being substantive, unless specified, it cannot C/SCA/10113/2019 ORDER apply retrospectively. The amended rule does not provide for any retrospective effect.

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In the present case, petitioner has been practicing as an advocate since the year 1992. The amendment to the Rule introduced in the year 2008 cannot have the effect of withdrawal of right of practice on advocate already on rolls to practice before District Court and subordinate

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3 938-WP-326-2021

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Courts. The amendment is held to be prospective in nature.

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Therefore, the order dated 06.06.2019 passed by the District

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Judge -1, Kopargaon is set aside.

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The writ petition is accordingly allowed.

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[ SANDEEP V. MARNE, J.]

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mta

Bharatkumar Chandrahans Satav v. Vanita Somesh Shinde and Others

Case brief

What is this about?

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Bharatkumar Chandrahans Satav v. Vanita Somesh Shinde and Others

Case brief

What is this about?

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