38.6c New Delhi, India, Tuesday, April 16, 2024
Judiciary

Supreme Court Sets Aside Orissa High Court's Order for Enrollment of Candidate as Advocate [Read Judgment]

By Harshvardhan Sharma      13 June, 2023 12:45 AM      0 Comments
Supreme Court Sets Aside Orissa High Court's Order for Enrollment of Candidate as Advocate [Read Judgment]

NEW DELHI: The Supreme Court on Friday allowed an appeal by the Bar Council of India against the Orissa High Court's judgement which directed to enrol a candidate as an advocate even though he secured a law degree from a college not recognised or approved by the regulator.

A bench of Justices Vikram Nath and Sanjay Kumar set aside the High Court's division bench order of September 21, 2012, saying "The rule framed by BCI requiring a candidate for enrolment as an advocate to have completed his law course from a college recognised/ approved by BCI cannot be said to be invalid, as was held in the impugned order".

The top court went by the Constitution bench's judgement of February 10, 2023 which held that the Advocate Act of 1961 vested BCI with the power to prescribe the norms for entitlement to be enrolled as an advocate.

It also said the High Court went by the Supreme Court's judgement in V Sudeer vs Bar Council of India and another (1999), which was declared as "erroneous" and "not a good law" by the Constitution bench.

Taking consideration of V Sudeer judgement, the High Court had said once a candidate fulfilled the conditions stipulated in Section 24(1) of the Advocates Act, 1961 and did not suffer from any disqualification under Section 24A, he would be entitled to enrolment as an advocate.

The division bench also held that BCI could not frame rules and add any condition for enrolment in addition to what was prescribed under Section 24 of the Act of 1961.

In the instant case, the court pointed out the candidate had secured his law degree from Vivekananda Law College, Angul, in the year 2009. The college was not recognised or approved by BCI.

[Read Judgment] 



Share this article:



Leave a feedback about this
Related Posts
View All

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER] Himachal Pradesh High Court Grant Bail to a Man Accused of Committing Unnatural Acts with Cow, Said that there is no Criminal History Depicting Pervert Mind [READ ORDER]

without commenting on the merits of the case at this stage of investigation and the period of detention he faced in jail, the Court after analyzing all things allowed bail to the accused person ( Jai Ram). Himachal Pradesh High Court, Grant Bail, Justice Anup Chitrakara

How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.? How the Waqf Board has the third largest ownership of land after the Indian Railways and the Defense Dept.?

SHO Bhardwaj was quick to defend the Maulvi in questioning regarding the Mazar but harassed the reported who sought truth. Why did the SHO have to harass a Media reporter when he was doing his job? Who benefits from this? Why is there a Mazar on a flyover? Why is a Minority Welfare development Board in control of so much property? || #Mazar #SHOBhardwaj #Mazar #Mosque #WaqfBoard #Islam #News #Waqf #RemoveSHOBharadwaj

Does the Waqf board hold any relevance in the secular India of today? Does the Waqf board hold any relevance in the secular India of today?

Towards the end of the clip, Advocate Jain can be seen questioning the leaders of our land, the Central Government, and the parliament to look into the above and review such biased provisions for the greater good of all.  In the end, we are made to question if India is a secular country in the true sense of the term, after all! Wakf board land scam, Central Waqf Board, secular India article

TRENDING NEWS

call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
sc-extends-stay-on-allahabad-hc-order-approving-survey-of-shahi-idgah-complex
Trending Judiciary
SC extends stay on Allahabad HC order approving survey of Shahi Idgah complex

SC extends stay on Allahabad HC's order for survey of Shahi Eidgah mosque next to Krishna Janmabhoomi.

15 April, 2024 05:19 PM

TOP STORIES

misleading-advts-case-baba-ramdev-balkrishna-tender-apology
Trending Business
Misleading advts case: Baba Ramdev, Balkrishna tender apology

Baba Ramdev, Balkrishna apologize for misleading ads. SC contempt plea hearing set for April 10. Patanjali assures compliance with court orders.

10 April, 2024 10:44 AM
sc-allows-gangster-turned-politicians-son-to-attend-fatiha
Trending Judiciary
SC allows gangster-turned-politician's son to attend 'Fatiha'

Supreme Court allows jailed MLA Abbas Ansari to attend his father's funeral prayers, granting temporary release under police custody.

10 April, 2024 11:11 AM
each-moveable-property-not-required-to-be-disclosed-by-candidates-in-election-sc
Trending Judiciary
Each moveable property not required to be disclosed by candidates in election: SC [Read Judgment]

SC rules not every movable asset needs disclosure in elections. Privacy rights preserved. Details vary per case. High value assets matter.

10 April, 2024 12:02 PM
delhi-cm-arvind-kejriwal-moves-supreme-court
Trending Judiciary
Delhi CM Arvind Kejriwal moves Supreme Court

Delhi CM Arvind Kejriwal moves Supreme Court against dismissal of plea in liquor policy scam case. Lawyers seek early hearing from CJI-led bench.

10 April, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email