ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR. versus STATE OF U.P. AND ORS.

ZILA DASTAVEJ LEKHAK ASSOCIATION BANDA AND ANR. versus STATE OF U.P. AND ORS.

Members of the petitioner Association, as licensees under the Rules, cannot challenge the Rules under which they operate. Advocates stand as a separate class and do not require a licence under the Rules to draft and present documents; their entitlement arises from their professional practice under the Advocates Act, 1961.

Parties
Petitioner: Zila Dastavej Lekhak Association Banda; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
02 April 1996
Procedural Posture
Special Leave Petition (civil) / Supreme Court Final Order
Outcome
Special Leave Petition dismissed
Legal Topics
Vires of Rule 6(2) of U.p. Document Writers' Licence Rules, 1977, Licensing Conditions for Document Writers, Advocates' Entitlement to Draft and Present Documents
Registration Law Licensing Vires of Rule 6(2) of U.p. Document Writers' Licence Rules, 1977 Licensing Conditions for Document Writers Advocates' Entitlement to Draft and Present Documents

Case Brief

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Parties

Zila Dastavej Lekhak Association Banda

Petitioner

State of U.P.

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Final Order

Legal Issues

  1. 1 Whether document writers can challenge part of the U.P. Document Writers' Licence Rules, 1977 which excludes them from drafting documents presented by advocates or parties themselves
  2. 2 Whether advocates require a licence under the Rules to draft and present documents for registration

Ratio Decidendi

Members of the petitioner Association, as licensees under the Rules, cannot challenge the Rules under which they operate. Advocates stand as a separate class and do not require a licence under the Rules to draft and present documents; their entitlement arises from their professional practice under the Advocates Act, 1961.

Court Disposition

Special Leave Petition dismissed

Orders

  • Special Leave Petition dismissed