BHUPATI BHUSAN DALAL Vs. REGISTRAR OF THE ORIGINAL SIDE
LAWS(CAL)-1971-1-22
HIGH COURT OF CALCUTTA
Decided on January 27,1971

BHUPATI BHUSAN DALAL Appellant
VERSUS
REGISTRAR OF THE ORIGINAL SIDE Respondents

JUDGEMENT

D.Basu, J. - (1.) The Petitioner in this Rule is an Advocate enrolled under the Advocates Act, 1961. In his petition filed on 16-4-1969, he challenged the validity of Rule 22 of Chap. I of the "Rules of the High Court of Calcutta (1914) --Original Side", on certain grounds. During the pendency of the Rule, the High Court, on 3-10-1969, amended Rule 1 of Chapter I of the said Rules, by inserting a Proviso to that Rule, which was published by the Registrar, Original Side, on 16-10-1969 (which will hereinafter be referred to as the 'proviso to Rule 1), with the leave of this Court, by order dated 29-9-1969. Since by that order the Registrar was also given permission to give effect to the said Proviso, corresponding leave was granted to the petitioner to so amend his petition as to comprehend the Proviso within the sweep of his petition.
(2.) The Petitioner having accordingly amended his petition, the reliefs sought for by the petitioner at the hearing may be summarised as follows: (i) Rule 22 should be quashed and Respondent No. 1, the Registrar, Original Side should be restrained from giving effect to that Rule; (ii) The petitioner should be declared to be entitled to act for suitors in all jurisdictions of this High Court, without being required to comply with the conditions laid down in the Proviso to Rule 1, and the Registrar should be restrained from preventing the Petitioner from so acting.
(3.) The grounds on which these reliefs have been sought for will be dealt with serially hereafter, excepting that the ground challenging the constitutionality of the Advocates Act, 1961 has not been pressed at the hearing.;


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