LAWS(BOM)-2009-12-107

LAWYERS COLLECTIVE Vs. BAR COUNCIL OF INDIA

Decided On December 16, 2009
LAWYERS COLLECTIVE Appellant
V/S
BAR COUNCIL OF INDIA Respondents

JUDGEMENT

(1.) Basically two questions are raised in this petition. They are, firstly, whether the permissions granted by the Reserve Bank of India to the respondent Nos.12 to 14 foreign law firms to establish their place of business in India (liaison office) under Section 29 of the Foreign Exchange Regulation Act, 1973 are legal and valid ? Secondly, assuming such permissions are valid, whether these foreign law firms could carry on their liaison activities in India only on being enrolled as advocates under the Advocates Act, 1961 ? To be specific, the question is, whether practising in non litigious matters amounts to practising the profession of law under section 29 of the Advocates Act, 1961 ?

(2.) The Parliament has enacted the Advocates Act, 1961 (1961 Act for short) to regulate the persons practising the profession of law. To ensure the dignity and purity of the noble profession of law, the 1961 Act provides for establishment of the State Bar Councils and the Bar Council of India. The Bar Councils have been created at the State level as also at the Central level not only to protect the rights, interests and privileges of its members but also to protect the interest of the general public by ensuring them that the professionals rendering the legal services maintain high and noble traditions of the profession.

(3.) A person can be said to be practising in litigious matters when he renders legal assistance by acting, appearing and pleading on behalf of another person before any Court or authority. Similarly, a person can be said to be practising in non litigious matters, when he represents to be an expert in the field of law and renders legal assistance to another person by rafting documents, advising clients, giving opinions, etc. There is no dispute that for a person to practise in litigious matters, he has to be enrolled as an advocate under the 1961 Act. However, the dispute is, where a person wants to practise in non litigious matters, whether, he should be enrolled as an advocate under the 1961 Act ?