DEVATA PRASAD SINGH CHAUDHURI AND OTHERS versus THE HONBLE THE CHIEF JUSTICE AND JUDGES OF THE PATNA HIGH COURT

DEVATA PRASAD SINGH CHAUDHURI AND OTHERS versus THE HONBLE THE CHIEF JUSTICE AND JUDGES OF THE PATNA HIGH COURT

Rule 2 of the Patna High Court rules made under Section 11 of the Legal Practitioners Act, 1879, restricting the right of Mukhtars to address Civil Courts, is within the powers conferred by Section 11. Sections 9 and 11 must be read together, and the right to practise can be regulated by rules validly made by the High Court. Such regulation is not a violation of Article 19(1)(g), and the rule is not ultra vires or unconstitutional.

Parties
Petitioners: Devata Prasad Singh Chaudhuri and others; Respondents: The Hon'ble the Chief Justice and Judges of the Patna High Court
Jurisdiction
India
Judgment Date
29 August 1961
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction; Petition Heard Ex Parte and Decided
Outcome
Petition dismissed
Legal Topics
Fundamental Rights—article 19(1)(g), Legal Practitioners Regulation, Rulemaking Power of High Courts
Constitutional Law Administrative Law Fundamental Rights—article 19(1)(g) Legal Practitioners Regulation Rulemaking Power of High Courts

Case Brief

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Parties

Devata Prasad Singh Chaudhuri and others

Petitioners

The Hon'ble the Chief Justice and Judges of the Patna High Court

Respondents

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction; Petition Heard Ex Parte and Decided

Legal Issues

  1. 1 Whether Rule 2 framed under Section 11 of the Legal Practitioners Act, 1879 by the Patna High Court unreasonably restricts the right of Mukhtars to practise in Civil Courts, contrary to Article 19(1)(g) of the Constitution and is in excess of the rulemaking power conferred by Section 11.

Ratio Decidendi

Rule 2 of the Patna High Court rules made under Section 11 of the Legal Practitioners Act, 1879, restricting the right of Mukhtars to address Civil Courts, is within the powers conferred by Section 11. Sections 9 and 11 must be read together, and the right to practise can be regulated by rules validly made by the High Court. Such regulation is not a violation of Article 19(1)(g), and the rule is not ultra vires or unconstitutional.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed as Rule 2 is not unconstitutional nor in excess of rule-making power under Section 11 of the Legal Practitioners Act, 1879.
  • No order as to costs.