enrollment
Advertisement
Bar Council of Gujrat v. Jalpa Pradeepbhai Desai

[SCC Online Guj 5080. Decided On 25.12.2016]

FACTS

Advertisement

The respondent petitioner applied for an appeal, who has applied for certificate of practice to Bar Council of Gujrat while simultaneously rendering service at a corporation. Jalpa Pradeepbhai Desai, was not allowed to enroll as an Advocate due to her association with Gujarat Industrial Development Corporation as Legal Consultant. The High Court asked the Bar Council of India to take decision relating to her entitlement to get enrollment as an advocate.  On finding that the Bar Council of India did not take any decision the Court eventually granted relief to the respondent petitioner in this case by means of a Writ Petition in a single Judge bench .The Court granted her an interim relief and directed the Bar Council to grant her a temporary enrollment number.

ISSUES BEFORE COURT

  • The respondent petitioner contended that her contractual service arrangement of her service with the corporation could not be viewed as employment.
  • Remuneration paid to her was not by way of salary, there was no employee-employer relationship.
  • The respondent petitioner has to attend office from 11 AM-5 Pm, which are standard hours of work.
  • The respondent petitioner has a fixed salary of Rs.25000 per month.

HELD

The High Court of Gujarat held that there is no provision for grant of temporary certificate by the Bar Council for practicing as an advocate under the Advocate’s Act 1961. The Division Bench observed that according to the contract of the corporation observed that the respondent-petitioner was a full-time salaried employee of the corporation, she is not entitled to practice as advocate so long as she continues in such employment and was barred under Rule 49 of the Rules. (No provision under Advocates Act, 1961 for temporary enrolment as an advocate; SCCOnLine/Dec 28, 2016)

LEARNING OUTCOME

 Even though the respondent petitioner contended “I was allowed to enroll as an advocate by BCG & BCI in 2012-2013 and they allowed me to appear All India Bar Exam but when I cleared my exam and asked for number and certificate of practice they took U-turn. hence I approached High Court,”(No Provision For Temporary Enrollment As Advocates: Gujarat HC;livelaw/Dec 25, 2016).The Court made it clear as to fact of what are to be termed as employment and how a practicing lawyer as per the conduct of the Act is barred from continuing its membership in the Bar once finds another employment.
Advertisement

53 COMMENTS

  1. Kate Spade Outlet

    I don’t even know how I ended up here, but I thought this submit was once good. I do not realize who you’re but definitely you’re going to a well-known blogger when you aren’t already 😉 Cheers!

  2. Coach Factory Online

    My spouse and I absolutely love your blog and find nearly all of your post’s to be exactly I’m looking for. Do you offer guest writers to write content for you? I wouldn’t mind creating a post or elaborating on a few of the subjects you write relate…

  3. Pandora Charms

    It is appropriate time to make some plans for the future and it’s time to be happy. I have read this post and if I could I desire to suggest you few interesting things or suggestions. Maybe you can write next articles referring to this article. I want…

  4. mammut trousers sale

    I found your site from wikipedia and read a few of your other blog posts.They are cool. Pls continue this great work. Later on other fantastic American rock acts such as Lynrd Skynrd, The Eagles, America, the Allman Brothers, and the Doobie Brothers wo…

  5. mammut jackets clearance

    Solid post, nice work. It Couldnt be written any improved. Reading this post reminds me of my previous boss! He always kept babbling about this. I will forward this article to him. Pretty certain he will have a superb read. Thanks for sharing!

  6. cavalli shoes sale

    Your web site came up in my research and I’m taken by what you have written on this topic. I am presently extending my enquiry and thus cannot contribute further, nonetheless, I’ve bookmarked your internet access page and will be returning to keep up…

  7. Fitflops Sale Clearance UK

    I was curious if you ever considered changing the layout of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text f…

  8. jimmy choo shoes cheap

    Just a fast hello and also to thank you for discussing your ideas on this page. I wound up in your blog right after researching physical fitness connected issues on Yahoo guess I lost track of what I had been performing! Anyway I’ll be back once once…

  9. ugg boots discount

    I was looking on the web for some info since yesterday night and I at last found what i was looking for! This is a good site by the way, however it seems to be a slight hard to read from my android phone.

  10. buy fitflop

    Single purpose impressive information sites Ive observed. Thanks a whole lot for preserving the internet fashionable for a change. Youve got type, class, bravado. Come on , man it. Please keep it up because without the internet is definitely low in int…

  11. pierre hardy tote

    Thats a very good feedback. What are your thoughts on expansion on a global scale? People obviously get frustrated when it begins to affect them locally. I will be back soon and follow up with a response.

  12. parajumpers vest

    I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this give…

  13. mk outlet store

    I like the valuable info you provide in your articles. I’ll bookmark your blog and check again here regularly. I am quite sure I’ll learn plenty of new stuff right here! Good luck for the next!

  14. parajumpers on sale

    Howdy, i read your blog sometimes and i own an identical one and i was simply wondering in the event you get a variety of spam comments? If so how do you stop it, any plugin or something you can advise? I get so much recently it is driving me mad so an…

  15. marmot coats on sale

    Youre so right. Im there with you. Your weblog is surely worth a read if anyone comes throughout it. Im lucky I did because now Ive got a whole new view of this. I didnt realise that this issue was so important and so universal. You definitely put it i…

  16. moncler maya jacket cheap

    I would like to thank you for the time you have made in writing this article. I am hoping the same best blog post from you in the future as well. In fact your creative writing skill has inspired me to get my own blog now. Truly the blogging is spreadin…

  17. belstaff sale

    Good to become visiting your blog once more, it continues to be months for me. Nicely this article that ive been waited for so long. I will need this post to complete my assignment in the school, and it has same topic with your write-up. Thanks, great…

  18. north face outlet jackets

    Top notch post. I learn a new generation on different blogs everyday. Selecting stimulating to learn content from other writers and study a little something from. I want to apply certain about this content on my blog allow me to explain mind. Natually…

  19. cheap barbour online

    Hi, Thanks for the chance to publish here as it is better than phoning! We’re incredibly impressed by the actual contribution some other people are making on the webpage and hope to make contributions in addition any time as i can. I concur along with…

  20. discount cole haan online

    What I wouldnt give to have a debate with you about this. You just say so many things that arrive from nowhere that Im quite sure Id have a fair shot. Your weblog is excellent visually, I mean people wont be bored. But others who can see past the video…

  21. ugg for cheap

    Hrmm that was weird, my comment got eaten. Anyway I wanted to say that its nice to know that someone else also mentioned this as I had trouble finding the same info elsewhere. This was the first place that told me the answer. Thanks.

  22. prada bags online

    excellent post, very informative. I wonder why the other experts of this sector do not notice this. You must continue your writing. Im confident, you have a great readers base already!

  23. ugg boots for cheap

    Coming from the standpoint of a fellow associate within this business, I in fact enjoy your write-up. I have continuously been in in reality like with this production all my life so I have developed a conversation board for market specialists to come t…

Leave a Reply