ALL INDIA DEFENCE SERVICES ADVOCATES ASSOCIATION Vs. UOI

JUDGEMENT

(1.) THE petitioner All India Defence Services Advocates Association claims to be an association of practicing advocates who have at some point of time or the other served the defence forces. THE petitioner in or about the year 1999 applied to the respondent no.2 Registrar of Societies (ROS), Delhi for being incorporated as a Society under the Societies Registration Act, 1860. THE respondent no.2 ROS however vide its letter dated 22nd December, 2000 to the respondent no.1 Ministry of Food and Consumer Affairs, Government of India sought a clarification as to whether the name of the petitioner attracted the provisions of para 7 of the Schedule of the Emblem and Names (Prevention of Improper Use) Act, 1950. THE respondent no.1 Ministry of Food & Consumer Affairs vide its letter dated 14th May, 2001 informed the petitioner that the proposed name "All India Defence Services Advocates Association" misleads the general public indicating "serving Defence personnel" and directed the petitioner to take up the matter with the respondent no.2 ROS for making suitable changes in the THE petitioner claims to have proposed the name of "All India name. Defence Served Advocates Association" to the respondent no. 2 ROS and upon receiving no response filed this petition impugning the refusal of registration under the name aforesaid and seeking mandamus for registration as a Society in the name of "All India Defence Services Advocates Association".

(2.) NOTICE of the petition was issued; Bar Council of Delhi was also impleaded as a party and notice issued thereto also. Counter affidavits have been filed by the respondents no. 1 and 2 and to which rejoinders have been filed by the petitioner. None has appeared for the Bar Council of Delhi. The counsel for the petitioner has been heard and the counter affidavits of the respondents no. 1 and 2 have been perused.

(3.) THE respondent no.2 ROS has merely pleaded that in case of doubt regarding any name it is required to obtain the clearance of the respondent no.1 before registration.