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SC quashes Rule framed by Madras HC for lawyers as it was ultra vires to Advocates Act

January 31, 2019[2019] 101 taxmann.com 511 (SC)
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Advocates Act : Where High Court of Madras inserted Rule 14A to rule 14D in Rules of High Court of Madras, 1970 under section 34(1) of the Advocates' Act, 1961empowering High Court to debar an Advocate from practicing, it was held that High Court is not authorized by the provisions of the Advocates Act to frame such rules. Section 34 does not confer such power of debarment by way of disciplinary methods or disciplinary inquiry as against an advocate as that has to be dealt with by the Bar Council as provided in other sections in a different chapter of the Act. It is only when the advocate is found guilty of contempt of court, as provided in Rule 14 as existed in the Madras High Court Rules, 1970 takes care of situation until and unless an advocate who has committed contempt of court purges himself of contempt shall not be entitled to appear or act or plead in the Court. The debarment cannot be ordered by the High Court until and unless advocate is prosecuted under the Contempt of Courts Act. It cannot be resorted to by undertaking disciplinary proceedings as contemplated under the Rules 14Ato 14Das amended in 2016. That is a clear usurpation of the power of the Bar Council and is wholly impermissible. Thus, impugned Rules 14Ato 14Das framed in May, 2016 by the High Court of Madras are struck down as they areultra vires to Section 34 of the Advocates Act and are to be quashed

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