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1 - 10 of 18 (0.27 seconds)The Advocates Act, 1961
Section 24A in The Advocates Act, 1961 [Entire Act]
Sudhakar Govindrao Deshpande vs State Of Maharashtra And Ors. on 23 April, 1985
In regard to the interpretation of the expression 'standing at the
bar', it is relevant to refer to the decision of the Bombay High Court in
Sudhakar Govindrao Deshpande v. State of Maharashtra & Ors12. In
that case, the Bombay High Court had considered the question whether
the petitioner, who was serving at the post of Deputy Registrar at the
Nagpur Bench of the Bombay High Court, was eligible for appointment
for the post of District Judge. The notice issued by the Bombay High
Court inviting application for the post of District Judge had set out the
eligibility criteria as: "candidate must ordinarily be an advocate or
pleader who has practiced in the High Court of Bombay or courts
subordinate thereto for not less than seven years".
Article 233 in Constitution of India [Constitution]
The Transfer Of Property Act, 1882
The Indian Penal Code, 1860
Deepak Aggarwal vs Keshav Kaushik & Ors on 21 January, 2013
10. Mr. Akhil Sibal, learned senior counsel appearing for the
petitioner, submitted that the period spent in pursuing a full time
Master's program in law cannot be considered as a period during which
respondent no.5 was in active practice as an advocate. He submitted that
during the said period, respondent no.5 was not engaged in acting or
pleading in a court of law as an advocate; thus, could not be considered
to be in practice. He referred to the decision of the Supreme Court in
Deepak Aggarwal v. Keshav Kaushik & Ors.2 and drew the attention
of this Court to paragraph no.91 of the said decision wherein the
Supreme Court had referred to the earlier decision in the case of
Sushma Suri v. Govt. of National Capital Territory of Delhi & Anr.3
and observed that the "test was not whether such person is engaged on
terms of salary or by payment of remuneration but whether he is
engaged to act or plead on its behalf in a court of law as an advocate...
If he is not acting or pleading on behalf of his employer then he ceases
2 (2013) 5 SCC 277
3 (1999) 1 SCC 330
Signature Not Verified
Digitally Signed
By:Dushyant Rawal WP(C) No.3467/2023 Page 8 of 31
Signing Date:10.04.2023
2023:DHC:2409-DB
to be an advocate." He submitted that the answer to the question
whether a person was in practice is dependent on the functions
performed by the said person. He contended that pursuing a Master's
course in law could not be considered as practice.