High Court disposed of a writ petition challenging the subsistence of advocates clerks. The State deposited funds, and the Court held the grievance no longer survives adjudication, keeping working modalities open.
Grievance held to not survive for adjudication; the modalities for the welfare fund are kept open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2022
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
W.P.No.6745/2020 (GM-RES)
BETWEEN:
… PETITIONERS
(By Sri Murthy Dayanand Naik, Sr. Counsel for Sri Ajay Kumar.N., Adv.)
AND:
2
VIDHANA SOUDHA, DR. AMBEDKAR VEDHI BANGALORE-560001.
(By Sri Laxmi Narayana, AGA for R1; Sri R.Anilkumar, Adv. for R3; Sri G.Nataraj, Adv. for R2; v/o dtd 02.06.2020, Sri M.Dhyan Chinnappa, AAG to Assist Hon’ble Court, Sri Chetan Munnali, Adv. for R4; Sri Santosh. S. Gogi, Adv. for R5; Sri Shivaraj. S. Balloli, Adv. For Clerk Association Dharwad as Intervener)
3
This writ petition is filed under Article 226 of the Constitution of India, praying to direct R-1 to create a corpus of Rs.5,00,00,000/- (rupees five crores only) to ensure that the subsistence of the members of the petitioner-association is guaranteed in terms of right to livelihood guaranteed by Article 21 of the Constitution of India, during the period of closure,etc.
This petition coming on for Preliminary Hearing, this day, Alok Aradhe J., made the following:
ORDER
4
issue with regard to the modalities for the working out the welfare fund is kept open.
With the aforesaid liberty, petition is disposed of.
Sd/JUDGE
Sd/JUDGE
KK
2 issues framed by the court
Whether directions can be issued to the State to create a corpus fund for the maintenance of advocates clerks.
The modalities for the working out of the welfare fund.
2 provisions across 1 enactments
Karnataka State Level Advocates Clerks Association
Advocates Clerks Association High Court of Karnataka
State of Karnataka
Karnataka State Bar Council
Advocates Association, High Court of Karnataka
Alok Aradhe
S. VishwaJith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
