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BABU VERGHESE AND ORS. vs. BAR COUNCIL OF KERALA AND ORS.

SCR Citation: [1999] 1 S.C.R. 1121
Year/Volume: 1999/ Volume 1
Date of Judgment: 16 March 1999
Petitioner: BABU VERGHESE AND ORS.
Disposal Nature: Appeal Allowed
Neutral Citation: 1999 INSC 108
Judgment Delivered by: Hon'ble Mr. Justice S. Saghir Ahmad
Respondent: BAR COUNCIL OF KERALA AND ORS.
Case Type: CIVIL APPEAL/1504/1999
Order/Judgment: Judgment
1. Headnote

Advocates Act, 1961 - Section 8A and 10-A - Term of office of State Bar Council - Extension under proviso to Section 8A - Held, can be granted only before the expiry of its original term - The term cannot be extended by way of a resolution of the Bar Council of India after the expiry of the term of the State Bar Council - Any election after the expiry of term without its having validly extended was invalid - Also held on facts, that urgent action initiated under Rule 6 of the Bar Council of India Rules was not completed before the expiry of the term of the State Bar Council - Therefore, no action could be considered to have been taken under Rule 6, nor did the post term resolution of the Bar Council of India could be considered to have confirmed any such action - Thus, the Members of the State Bar Council continued in office without any valid extension - Bar Council of India Rules, Rule 6.

Administrative Law - Doctrine of ultra vires - Statute prescribing the doing of an act in a particular manner - Held, could not be considered to have been done unless it was done in the prescribed manner - Jurisdiction - Exercise of.

Election - Professional Bodies - Non-compliance with statutory provisions - Effect of.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Advocates Act
  • Administrative Law
5. Equivalent citation
    Citation(s) 1999 AIR 1281 = 1999 (3) SCC 422 = 1999 (3) Suppl. SCC 422 = 1999 (2) JT 200 = 1999 (2) Suppl. JT 200 = 1999 (2) SCALE 65