Certificate of practice
Sanjeev GoeL
(Querist) 02 February 2017
This query is : Resolved
myself an practising advocate since last 14 years continually in civil as well as taxation. I am also member of district taxation bar as well as district bar association since enroll with bar council Punjab Haryana District bar association also allotted me a chamber in district court in 2005. Till then the chamber is in my use. But I did not use it much frequently. But being I do my main practice in taxation so that I did not plead any suit in civil court simultaneously my name was also stuck by bar association since many years due to non payment of member subscription.
Now they forfeited my chamber on account of non practising advocate.
My question is this that wheater taxation practise is not a practice.
If yes from where I could get my so long practice certificate. .
When I approached taxation bar they denied by saying that they are not registered bar hence can't. While main bar association arguged that u didn't paid our membership subscription nor practice in civil courts. .
Pls suggest what should I have to do.
Guest
(Expert) 02 February 2017
Bar Association Is Right
Adv. Yogen Kakade
(Expert) 02 February 2017
Submit an application to the dist bar, mentioning your justified part and reasons for nonpayment of the arrears. Mention your willingness to pay the arrears and request to retain the chamber. They might consider to give you a chance. And if you really are not using the chamber, then surrender it with the free will, so that some needy practitioner may get an opportunity.
Sanjeev GoeL
(Querist) 02 February 2017
respected experts
I already submitted an application to the bar association to receive all of my pending arrears of subscriptions but in spit of accept the same they broken my chamber lock and re-allotted the same to some another member without giving me any notice. further it is submitted that the said chamber was allotted to me on a payment of Rs approx 1.00 lac in 2005 the entire cost of construction was born by me. now whats about my share/investment. the present price of the chamber is 10. lac. what about my hard earned money? can the bar association broke my lock, forfeit my office gadgets and all articles and the present price to chamber?
R.K Nanda
(Expert) 02 February 2017
1.first pay arrears of membership in main civil bar association.
2. also pay re-admission fee in civil bar association and again get listed in its members list.
3.file application in bar association to release chamber in ur name again.
Sanjeev GoeL
(Querist) 02 February 2017
Sir in my case the respectable bar association re-allotted my chamber to someone else without giving me any hearing opportunity, notice, ultimatum etc. They speedily re-allotted the my office to some another on throughout price. my petition is this that first of all I am eligible for the chamber in the below mentioned reasons
1. I am regular practicing lawyer in taxation and never involved in any business or another activity.
2. the chamber was allotted to me on payment of construction cost of 1 lac in 2005 that was very high and equal to purchase cost of property.
3. merely non payment of bar subscription my natural rights could not be ceased.
4. if I am still not eligible to retain the chamber then to transfer the same in any another member name (the transfer rights should be mine and entire transfer money should have to come to me)
Rajendra K Goyal
(Expert) 02 February 2017
Has the chamber been allotted to other lawyer and has he taken possession?
If not move to court, take a stay, pay the arrears and membership fees.
If lock broken in your absence without proper procedure lodge FIR.
Guest
(Expert) 02 February 2017
Simultaneously Fight with the Bar Association and Be Out of their Good Books(It is Continuation With Last Posted Advise of Mr.Rajendra K Goyal Please)
rajeev sharma
(Expert) 02 February 2017
I don't think Mr Goel is worthy of any advise at this forum. He himself admits that he practice at the taxation side and do not practice at civil court for many years. He ad not payed the membership fee of civil court bar and his name was struck from the register of bar many years back. This shows that he is a non practicing advocate so far as civil bar is concerned. Bar rightly cancelled allotted chamber. Equitably the chamber should be given to a counsel who is in active practice at civil court as he needs it more than Mr Goel.
just by the way Expert MR. GOYAL do you really think that this fellow has any legal ground to file a suit ?
R.K Nanda
(Expert) 02 February 2017
bar association cannot give possession of chamber to new lawyer without sending notice to original lawyer.
R.K Nanda
(Expert) 02 February 2017
in my humble view concerned bar association has not given a fair chance of being heard to author which is totally illegal.
Sanjeev GoeL
(Querist) 02 February 2017
sir as I mentioned earlier that the said chamber was allotted to me on payment of Rs 1 Lac rupee approx in 2005 that was much more then the buying value of such type property. Now it market price is approx 10-12 lac at which other bar members are transferring their chambers to others.
but in my case the bar association throw out me like a bee from milk pot.
they have nothing for me. if it is assumed that I am not not eligible to retain the same then its market price should come to me.
what is experts opinion upon it.
note: the bar association re-allot the chamber of Rs 12 lac in just 5 lac to another one and keep the entire money with them. where is my money and its long term yield ?
Rajendra K Goyal
(Expert) 02 February 2017
Being a lawyer, you should approach law for your rights.
May request P & H Bar Council to intervene, your membership must be continuing with them. Some of the Bar Council members are really helpful.
Sanjeev GoeL
(Querist) 02 February 2017
I already filed a writ petition with honorable Punjab & Haryana High Court chandigarh but even with the knowledge of my writ The bar association broken my chamber lock and de-possessed me with my office furniture and other articles.
Now on the very first hearing the honorable H.C passed an interim order as
The action of bar association is apparently violative of rules of natural justice and re-allotment is prima facie indicative of mala fide. status quo-ante at the spot will maintain till next hearing.
but the bar association did not obey the order of honorable HC till today. Neither handover me my keys nor my office . what should I have to do in these circumstances.
Guest
(Expert) 03 February 2017
Author/Querist you are Only talking/discussing about the Rates/Rent of the Chamber than discussing about the Purpose/Usage of it.Your allotted premises would have been Locked for a Long time as confirmed by you with out paying any Rent and the Bar association would have Certainly Sticked the Notice in the Doors before breaking and taking it over.Now you say that Concerned Premises is Used by Some Other Advocate and Obviously you were Not visiting the Allotted Office and obviously Not required by you.Whether You Think the Bar Association will Not Know Or Will Not Follow the Legal Procedures of taking it over.It is Clear from your Statements you are an Lawyer related to Taxation and No Much Work in Courts and you will be engaged in Income Tax and Sales Tax Office Only.There are So Many Senior Advocates above 60 years not having Chambers.You were not Using the Office,Not Paying the Rent and even electricity bills and Maintenance would have been Not Paid by You.Even if there is No usage of electricity the Dept will claim the Minimum and there would have been other Dues Like deposits etc which you would not have Paid.Bar Association would be Legally following the Procedures of Take Over.In Bar Association all of them will be Advocates Only Except Staffs.So Better Take an Office Near by your IT office Or ST office Or if you Prefer to Spend Money and Time Proceed As advised by Rajendra K Goyal a Taxation Person Like you But be Sure there will be No Result in your Favor Certainly.
rajeev sharma
(Expert) 03 February 2017
I think the query has received more attention than it is worthy of .
Rajendra K Goyal
(Expert) 03 February 2017
Discuss with your lawyer and proceed accordingly.
Guest
(Expert) 03 February 2017
Dear Sanjeev Goel,
I am fully in agreement with the views of Shri Rajeev Sharma's statement that "the query has received more attention than it is worthy of."
In fact, your description has no relevance with the subject line, as you may agree with me that depossession of a chamber in the court premises has no relevance with the certificate of practice.
About your chamber, if you don't mind, with 14 years of your practice as a lawyer, at first you could better have tried to interpret appropriately the term "status quo-ante," if the HC has ordered that on the event of the bar association having already depossessed you of the chamber by breaking lock of your chamber before the date of the HC order.
Secondly, Needless to emphasize, the chambers to lawyers are not allocated just to keep them always locked. With such a long practicing experience of 14 years, you were supposed to realise that the chambers in the court premises are allotted to the lawyers to facilitate their availability to their clients, frequent movement from and to the chambers for study and carrying the documents of different cases for the purpose of saving time in commuting to different courts within the court premises, but not for practising somewhere else, like offices of income tax, sales tax or labour courts.
Now, if you want repossession of the chambers, either you get specific order from the HC to hand over possession to you or you may wait till the final outcome of your petition.
Guest
(Expert) 03 February 2017
Rajendra ji,
The querist, himself is a lawyer with 14 years of practice.
Sanjeev GoeL
(Querist) 03 February 2017
dear experts . the subject line "certificate of practice" has relevance with the matter because the entire dispute arises on certificate of practice. I approached the concerned bar association for my C.O.P upon which some bar member (having jealousy with me and my chamber location) submit their requisition not to issue me any C.O.P and also approached to confiscate my chamber merely on account of non payment of bar subscription and taxation practitioner.
In this it is must to inform you that these chamber were allotted on payment of entire construction cost i.e more then property buy value at that time more over each and every type maintenance costs were born by me from time to time in common pool.
there is no burden of its maintenance cost , monthly rent , electricity etc upon bar association.
more over the chamber was jointly used by me and my wife (she is also an advocate and specifically in civil practice since 2005) but due to my matrimonial dispute in 2014 we were separated a divorce degree has been passed accordingly) but we still trying for re-union. hence the chamber is much more needful for us.
some self-centered members take the advantage of my personal circumstantial issues with behine corporate (bar) viel
Guest
(Expert) 03 February 2017
" Discuss With your Lawyer " A Routine Reply by the Person Posted it Irrespective of Any Thing
Guest
(Expert) 03 February 2017
Dear Sanjeev Goyal,
Your case pertains to the nature of some one having taken advantage of two reasons, i.e., default in bar subscription and not being in possession by your wife due to your divorce, if the chamber was allocated in your name.
Leave aside the bar subscription, which cannot taken shelter of to justify confiscation of your chamber, you still have not mentioned, whether you received any notice from the Bar about their intention to confiscate your chamber. If so, with what reason and what was your response to that?
Sanjeev GoeL
(Querist) 03 February 2017
bar association never issued any notice to me about confiscation of chamber, arrears of subscription etc till today.
Guest
(Expert) 03 February 2017
If no notice was given by the Bar Association, you have a great chance to win the case and even claim damages also. Rather you can also file case of dacoity & burglary against the Bar Association members, if lock was broken in your absence or without filing any FIR in the police or not taken your belongings in the presence of police by preparing a due panchnama.
Role of your divorced wife can also not be ruled out in prompting the event.
Rajendra K Goyal
(Expert) 03 February 2017
Expert P. S. DHINGRA
The author has filed petition in High Court must be through some lawyer as he is practicing in taxation, due to this reason I advised to discuss with his lawyer as he is well aware of full case file.
Guest
(Expert) 03 February 2017
Rajendra ji,
The author has not stated anywhere whether as a lawyer, himself, he filed the petition himself or through some other lawyer. That is why, I pointed out. He did not even clarify the point in any of his later posts.
Guest
(Expert) 03 February 2017
Well Pointed out by Senior Expert/Senior Advocate Mr.P.S.Dhingra
Rajendra K Goyal
(Expert) 03 February 2017
Expert P. S. DHINGRA
You may be correct, till author disclose otherwise.
Guest
(Expert) 03 February 2017
Rajendra ji,
Thanks for agreeing with me in principle.
Dr J C Vashista
(Expert) 06 February 2017
I agree with the opinion and advise of experts. I would like to add to it that
the lawyers chambers are allotted on "lease" as recommended by local Bar Association.
The chambers are owned and maintained by the District Judge, wherein no Bar Association has any authority to cancel, repossess and/or re-allot to any member.
Some important and vital information is missing from the query, which can be clarified by the counsel for the author (although he himself, is an advocate but practicing in taxation.)
