MR. 'G', A SENIOR ADVOCATE OF THE SUPREME COURT versus THE HONBLE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT OF JUDICATURE AT BOMBAY

MR. 'G', A SENIOR ADVOCATE OF THE SUPREME COURT versus THE HONBLE CHIEF JUSTICE AND JUDGES OF THE HIGH COURT OF JUDICATURE AT BOMBAY

An oral order by the High Court, sufficiently recorded by letters retained on file and by the Chief Justice's handwriting, is valid for appointing a Tribunal under sections 10(2) and 11(1). The Bar Councils Act does not require a written order, and the High Court can refer a matter on its own motion.

Parties
Petitioner: Mr. 'G', a Senior Advocate of the Supreme Court; Respondents: The Hon'ble Chief Justice and Judges of the High Court of Judicature at Bombay
Jurisdiction
India
Judgment Date
27 May 1954
Procedural Posture
Petition Under Article 32 of the Constitution / Final Judgment
Outcome
petition dismissed
Legal Topics
Indian Bar Councils Act, 1926 Section 10(2), Oral Order Validity, Appointment of Tribunal, High Court Reference on Its Own Motion
Constitutional Law Legal Profession Indian Bar Councils Act, 1926 Section 10(2) Oral Order Validity Appointment of Tribunal High Court Reference on Its Own Motion

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Parties

Mr. 'G', a Senior Advocate of the Supreme Court

Petitioner

The Hon'ble Chief Justice and Judges of the High Court of Judicature at Bombay

Respondents

Procedural Posture

Petition Under Article 32 of the Constitution / Final Judgment

Legal Issues

  1. 1 Whether an order under section 10(2) of the Indian Bar Councils Act, 1926 can be oral
  2. 2 Whether the High Court can act on its own motion under section 10(2)
  3. 3 Whether proper appointment of a Tribunal was made

Ratio Decidendi

An oral order by the High Court, sufficiently recorded by letters retained on file and by the Chief Justice's handwriting, is valid for appointing a Tribunal under sections 10(2) and 11(1). The Bar Councils Act does not require a written order, and the High Court can refer a matter on its own motion.

Court Disposition

petition dismissed

Orders

  • no order as to costs