Debaring outsider advocates filing cases p & h high court
yogesh
(Querist) 07 November 2017
This query is : Resolved
Sir,
I filed the case at Punjab Haryana High Court. The registry made objection that, in their rules, non P & H advocates cannot file cases independently unless they appoint Local advocate.
The rules whatsoever made by P & H High court debarring advocates who are not enrolled in Punjab & Haryana bar council, is complete violation of section 30 of the Advocates Act-1961, even if the high court made rules under section 34 of the Advocates Act, as it will infringe the fundamental rights and ultra vires to the constitution of India . Even Delhi High Court Rules too says that rules made by the Punjab & Haryana High court, under section 34 of the Advocate Act are not applicable in Delhi
My Simple query from the Ld experts is that for challenging the validity of such rules, where one should approach High court of the state or the supreme Court of India?
2 Apart from the P & H HIGH COURT, is there any other High court rules, debarring the outsider advocates to file cases in their respective High courts?
Guest
(Expert) 07 November 2017
Mr. Yogesh,
In which capacity you have raised this question, as an advocate, a litigant, a law student or a common man?
yogesh
(Querist) 08 November 2017
eagerly waiting a reply from experts
Guest
(Expert) 08 November 2017
You may continue to wait, if not interested in replying my question.Replies are different for different entities.
yogesh
(Querist) 08 November 2017
Yes I am waiting for "EXPERT" opinion
Guest
(Expert) 08 November 2017
You have not replied my question. Even if waiting for reply by experts, you must provide information, whether want to know as an individual, a law student, a litigant or as an advocate?
Rajendra K Goyal
(Expert) 08 November 2017
It is better first take up with Bar Council of India and P & H Bar Council.
Kiran Kumar
(Expert) 08 November 2017
Since the rules have been framed by the Hon'ble High Court on the Administrative Side, it is advisable to challenge the same on Judicial Side before the Hon'ble High Court itself. But you will have to look into the things beyond Advocate's Act.
Regarding other HCs, you need to find out rules and regulations adopted by such HCs...I think there are other HCs too which have adopted similar kind of rules.
If you are intending to challenge all such rules then definitely it will be better to approach Hon'ble SC with a comprehensive petition.
Punjab and Haryana High Court Rules are available on its website www.highcourtchd.gov.in
Guest
(Expert) 08 November 2017
Dear Yogesh,
Not understood, why you don't want to clarify your position, as per the query of one expert.
However, if not interested to make the things clear, you may try your luck in any HC, if you want wastage of your money and time in struggling for success. The provisions of the Act are self speaking, which seem to have not been interpreted properly by you.
To be frank, I believe that it is not your real problem, either as an advocate or a litigant.
yogesh
(Querist) 09 November 2017
1 P & H bar council will stand with their lawyers enrolled at their council
2 Yes, I have checked the Rules and orders of various High Courts across India, Only P & H High court has framed such rules under section 34 of the Advocate Act, Volume V Chapter F. Delhi High Court rules, original side Rules, 1967 clearly says that P & H has made rules in 1970, but the same is not applicable in Delhi. Since this matter pertains to one state, I think it's worthless to challenge before the SCI?
Guest
(Expert) 10 November 2017
Mr. Yogesh,
Seemingly, you don't want to reveal your own concern with the issue, as you have avoided to come forward to clarify the point, in what capacity you want to challenge the rule of P&H HC. Mr. Jigyasu was not wrong in asking you about your concern with the problem, as he seemed to know that you wanted only academic knowledge, not the solution of any problem.
yogesh
(Querist) 10 November 2017
Shri Dhingra ji..what makes u concern about another Legal expert?. There are many people, as I have heard from various posts, that experts have made various I.D and made replies to the self-generated queries by the others. Anyway, I thank u for making comments, but I also request you to come out from this menace. Another thing I want to ask you, why are u taking so much personally..How can you say, I am not lawyer or student? Do u want to see my testimonials? I also replies queries to the people, but I am not active on this site.
yogesh
(Querist) 10 November 2017
I appreciate what you have said, the opening lines said" subject to the other provisions of this Act", but mind you there is no provision in the advocate act, that debars the advocate to practice in any court. Section 34 gave powers to the High Court to made rules, but if the rules are made ultra vires to the constitution, then its violation to the fundamental rights
Tomorrow, the High court, if made rules, that in courts only those lawyers could appear who are the members of the specific bar association, then in your sense, is thsi valid?
Previously, the challenge was also made to the removal of tag on senior advocates but there are express provisions were there, that why its fail. here there are no eexpress prosvisions in the code, and hence it can be challnged
Guest
(Expert) 10 November 2017
Mr. Yogesh,
No objection, if you want to live with your own perceptions. Since I understand that you could not relish, what I said, you need not appreciate, what I said. As such, except the first para of my previous post, I am going to delete the rest of my post.
About your comments, first of all, you have to decide whether you are concerned with getting your problem solved or you deem yourself as the examiner appointed over the experts to test their knowledge or question them like a teacher or their boss. In fact, you don't deserve any help from the experts due to your arrogant behaviour.
Secondly, your own identity is dubious, where your profile is blank for the last nine years and you have mentioned, "I will be updating soon." Your "soon" has gone beyond 9 years due to which any one can doubt your status as well as intentions.
Thirdly, your silence over the genuine question of one expert, which makes your position more doubtful, when you have not stated, whether you were concerned with the position of a lawyer, a student, a litigant or someone else.
Fourthly, even without knowing your status for raising such an unconcerned question, If I have tried to solve your riddle, you have responded in a very arrogant manner. So, if you can't digest charitable service by anyone, you may better hire services of some lawyer to solve your riddles.
So, if not satisfied with my reply, the only alternative for you is to file a case against the HC of P&H and gain appropriate experience by yourself hiring services of some topmost lawyer of India. Free service is not meant for non deserving persons and that too having no known identity.
I can wish only the best of luck for you.
yogesh
(Querist) 10 November 2017
Mr. Dhingra, From now onwards, please do not reply to any of my queries. I do not want to argue on your provoking queries. Next time you will say why you have not added my photograph, then you will say how many marks I have obtained in my CPC, CRPC, CONTRACT LAW. Its better you should reply on merits. Nevertheless, I have expected that expert like you to attack personally on some one. Not only in this post, you have shown your own arrogance in allied queries too., and why are u concern about jigyasyu.what other are legal experts saying, is that true?
I keep my profile in dark, its my personal choice. AT LEAST, i HAVE NOT MADE MY FAKE I.D AND REPLYING QUERIES TO THEM
Guest
(Expert) 10 November 2017
Mr. Yogesh,
I know persons with shallow knowledge and arrogance can't tolerate questioning or criticism. But mind it, if you come at the open forum with any vague query, you have the need to shun your ego and arrogance. Neither you can avoid any expert to give his opinion on an open forum question, nor you can restrict him from questioning you about relevance of your problem. You should keep in mind that none of the experts here is your paid servant to tolerate your arrogance. Further, be aware, asking for help at the open forum is just like begging for help, not issuing direction to anyone.
However, if you are so sentimental, better prefer to get paid service from some local lawyer privately.
yogesh
(Querist) 10 November 2017
Mr Dhingra. You keep on posting vague comments and abusive languages. I do not bother to see your comments, as I have plenty of work to do. I have been watching you, not only on my post, but you have made silly comments to the queries of other queriests too with your self-created profiles. Just keep on arguing unnecessarily and you will get amusement
Guest
(Expert) 10 November 2017
Your response itself makes it clear that you are bothered to see my comments, as against your statement "I am not bother" You don't have time to answer a very simple question of one expert, you have plenty of work to do, but you have a lot of time to put vague arguments full of arrogance again and again. What a joke?
yogesh
(Querist) 13 November 2017
People made fake I.Ds and called them as experts, This is what I have learned from the EXperts, in various other posts. Very nasty to say, such experts are themselves the promoters of their queries as well as the viewer of their own query and ask questions from themselves and replied to themselves.
Guest
(Expert) 13 November 2017
People happy with their own perceptions and shallow knowledge can't get benefited from the knowledge of others. They can get easily misled by any type of rumour, because they are usually unfit to use their own brain.
