38.6c New Delhi, India, Wednesday, April 24, 2024
Legal Insiders

15 Private Online Portals Served Notice By Allahabad HC For Advertising About Advocates

By LawStreet News Network      08 February, 2020 09:02 PM      0 Comments
15 Private Online Portals Served Notice By Allahabad HC For Advertising About Advocates

On 6th February, 2020 the Allahabad High Court issued a show-cause notice to all the online portals showing advertisements of lawyers and soliciting work for them. The court said that it is a contempt of court as last year it had issued strict directions against these activities.

The court said in its notice that “Issue notice to respondents no. 1 to 15 to show cause as to why the proceedings for contempt of the Court be not initiated against them for non-compliance of the judgment and order dated 12.12.2019 passed in Writ Petition No.23328 (MB) of 2018,"

In 12-12-2019, the court issued a refraining order on the basis of Rule 36 and 37 of the Code of Ethics made by the Bar Council of India under the Advocates Act, 1961 which prohibits advertising, touting and solicitation of work by lawyers.

The order was issued while discussing the writ petition Yash Bharadwaj v. Union of India, WP No. 23328/2018 (MB), against online portals like 'myadvo', 'justdial', 'lawrato' etc. who were soliciting work on behalf of Lawyers.

The order which was passed in 2019 said that “We pass an interim order to the effect that the opposite parties would not indulge in the practices opposed to Rule 2, 36 & 37 of the Bar Council of India Rules. Rule 36 provides for certain restrictions on the Advocates and accordingly whatever restrictions have been imposed therein, would apply to all the opposite parties till further hearing. They are restrained to act in violation of Rules 2, 36 & 37 of Bar Council of India Rules."

The petitioner contended that “since no rules have been prescribed to regulate the glaring advertisement by the practicing Advocates, individual Lawyers are taking recourse to advertising themselves which is lowering the integrity of the entire community of Lawyers in the eyes of the public.” He further said that “Lawyers enlisted with such websites/portals are not their employees because it was the case, then they would not have been entitled to practice which is prohibited as per Rule 49 of the Code of Ethics formulated under Section 49 (1) (c) of the Act. Furthermore, even sharing the remuneration or any other similar arrangement is violative of Rule 2 formulated by respondent No.2 under Section 49 (1) (ah) of the Act."

The Bar Council of India informed the court that a five member committee had been made to look into the complaint of the petitioner. The contempt order was passed by Judge Abdul Moin while the original order was passed by Judge Munishwar Nath Bhandari and Judge Vikas Kunvar Srivastav.


Author – Aditi Dubey

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
Denying child care leave to working mothers of disabled children violated constitutional mandate: SC

Supreme Court of India rules denying child care leave for mothers of disabled kids violates constitutional rights.

23 April, 2024 11:15 AM
Trending Environment
Ignorance is not bliss: Okhla Waste to Energy Plant needs to be relocated, residents argue

Questions on the suitability of waste-to-energy plants in Delhi are not new, but the 2,000 tonnes per day Waste to Energy (WTE) plant, situated in the middle of the dense residential areas around Sukhdev Vihar, is not just a major environmental worry but an example of how siting rules can be bent to accommodate a heavily polluting enterprise.

23 April, 2024 12:29 PM


Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM
Trending Judiciary
For wrong decision of suicide by person of 'frail mentality', who is to be blamed? Delhi HC gives view [Read Judgment]

If a man of 'frail mentality' takes the wrong decision to commit suicide, who is to be blamed? Delhi High Court gives a prima facie opinion in the matter.

18 April, 2024 03:23 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email