Latest Judgments

Arun Kumar & Anr. v. Supreme Court of India

By virtue of these Writ Petitions under Article 32 of the Constitution of India, the petitioners have challenged the validity of Section 52(b) of the Advocates Act, 1961 and Order IV, Rule 1, 5, 7(a)(i), (b)(i) and 7(c) of the Supreme Court Rules, 2013.


 

(Anil R. Dave and Adarsh Kumar Goel, JJ.)


 


Arun Kumar & Anr. ____________ Petitioner(s)


 


v.


 


Supreme Court of India __________ Respondent


 


 


Writ Petition (C) No. 371 of 2015, decided on September 14, 2015


With


Writ Petition (C) No. 293 of 2015, Writ Petition (C) No. 292 of 2015


 


The Order of the court was delivered by


Order


 


1. By virtue of these Writ Petitions under Article 32 of the Constitution of India, the petitioners have challenged the validity of Section 52(b) of the Advocates Act, 1961 and Order IV, Rule 1, 5, 7(a)(i), (b)(i) and 7(c) of the Supreme Court Rules, 2013.


 


2. We have heard the learned counsel appearing for the parties and have also considered the Judgments relied upon by the learned counsel for the petitioners. We are not in agreement with the submissions made by the learned counsel for the petitioners and we accept the view expressed by this Court in Re: Lily Isabel Thomas reported in (1964) 6 SCR 229 and, thereafter, in the case of Ex-Capt. Harish Uppal v. Union of India reported in (2003) 2 SCC 45.


 


3. We have also considered the Judgment delivered by the High Court of Delhi in Balraj Singh Malik v. Supreme Court of India reported in AIR 2012 Delhi 79 and we also approve the view expressed by the High Court.


 


4. For the reasons stated in the aforesaid Judgments, we are of the view that these petitions have no merit and the Section and Rules cannot said to be ultra vires to the Constitution of India.


 


5. In view of the above, the Writ Petitions are disposed of as rejected.


 


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