Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Advocates Act Administrative Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Advocates Act, 1961 - Section 8A and 10-A - Term of office of State Bar Council - Extension under proviso to Section 8A - Held, can be granted only before the expiry of its original term - The term cannot be extended by way of a resolution of the Bar Council of India after the expiry of the term of the State Bar Council - Any election after the expiry of term without its having validly extended was invalid - Also held on facts, that urgent action initiated under Rule 6 of the Bar Council of India Rules was not completed before the expiry of the term of the State Bar Council - Therefore, no action could be considered to have been taken under Rule 6, nor did the post term resolution of the Bar Council of India could be considered to have confirmed any such action - Thus, the Members of the State Bar Council continued in office without any valid extension - Bar Council of India Rules, Rule 6. Administrative Law - Doctrine of ultra vires - Statute prescribing the doing of an act in a particular manner - Held, could not be considered to have been done unless it was done in the prescribed manner - Jurisdiction - Exercise of. Election - Professional Bodies - Non-compliance with statutory provisions - Effect of. |
Judge | Hon'ble Mr. Justice S. Saghir Ahmad |
Neutral Citation | 1999 INSC 108 |
Petitioner | Babu Verghese And Ors. |
Respondent | Bar Council Of Kerala And Ors. |
SCR | [1999] 1 S.C.R. 1121 |
Judgement Date | 1999-03-16 |
Case Number | 1504 |
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