BIJAY DEHRI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-3-33
HIGH COURT OF JHARKHAND
Decided on March 19,2013

Bijay Dehri Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

D.N.PATEL, J. - (1.) THIS interlocutory application no. 1090 of 2013 has been preferred from jail and a question has been raised that the name of the Government counsel was not shown in 'Daily Cause List' printed by the High Court and an argument has been developed that there is no such procedure for filing of the memorandum of appearance by the Government counsels.
(2.) THE Chairman, Jharkhand State Bar Council submitted on the last date of adjournment that on every memorandum of appearance to be filed by the Government counsels, both by the State as well as by the Central, a stamp of Rs.15/ , which is known as Advocates' Welfare Fund Stamps, ought to have been affixed because out these funds there are numerous duties assigned to the Jharkhand State Bar Council. It is very fairly submitted by the Chairman, Jharkhand State Bar Council that they do not have their own building nor the land. They cannot start at present a welfare scheme for the new lawyers which is otherwise under contemplation by the Chairman, Jharkhand State Bar Council that those who are juniors and newly joined members upto 5 years they may be given Rs.1,000/ -, but, this idea and activity can be implemented provided the Government lawyers may file their memorandum of appearance with Advocates' Welfare Fund Stamps. This Court has, therefore, passed an order dated 13 th March, 2013 in detail and had called Additional Advocate General in the Court on the basis of the judgment in the case of Khublal Pandit Vs State of Jharkhand & others, reported in 2013(1)JBCJ 385 that if the Lawyer has not filed Vakalatnama or memorandum of appearance, he shall not be allowed to appear in the said matter and if he has filed any affidavit, the same can also be ignored.
(3.) TODAY , one more interlocutory application has been filed by the Chairman, Jharkhand State Bar Council and there is a prayer that the Inspector General of Registration is not properly distributing the Advocates' Welfare Fund Stamps and unnecessarily the scarcity has been created. Stamps in the denomination of Rs. 5/ are being sold in the market with higher amount. Similarly, stamps in the denomination of Rs. 1/ are also being sold with much higher amount. This situation could have been avoided by the Inspector General of Registration. Time and again the Lawyers are demanding the Advocates' Welfare Fund Stamps, but, the stamps are not available and therefore, they are writing either on Vakalatnama or on affidavit that as and when the Stamps will be available the same will be affixed.;


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