MANUBHAI PARAGJI VASHI Vs. BAR COUNCIL OF INDIA

JUDGEMENT

(1.) THIS appeal by a practising advocate of this Court is against the order of a learned Single Judge rejecting Writ Petition No. 2004 of 1990 filed against the Bar Council of India, the Bar Council of Maharashtra, Members of the Enrolment Committee of the Bar Council of Maharashtra and respondent No. 6 whose name was transferred by the Enrolment Committee from the list non-practising advocates to the list of practising advocates.

(2.) THE appellant Mr. Vashi appearing in person raised the following contentions:

(3.) ON the first contention relating to the Enrolment Committees jurisdiction, section 49 of the Advocates Act (hereafter, the Act) empowers the Bar Council of India to make rules for discharging its functions under the Act and under clause (ah) of sub-section (1) of section 49, rules can be framed prescribing the conditions subject to which an advocate shall have the right to practice in a circumstances under which a person is deemed to practice in a Court. Rules have accordingly been framed and in the context of the question raised it is best to reproduced the relevant Rule 5 :