AIR 1959 ALLAHABAD 341 ::1958 ALL. L. J. 897 ::1958 AllCriR 540

Allahabad High Court

Hon'ble Judge(s): R. N. Gurtu, D. N. Roy , JJ

Bar Councils Act (38 of 1926) , S.9— Rules under, U.P. Bar Council Rules, R.1 Proviso 8 - Enrolment as Advocate - "Bona fide practised" - Meaning - Graduate in law working as Public Prosecutor for more than 3 years - Right to be enrolled as advocate under R.1 proviso 8. Words and Phrases - Bona fide practiced. Uttar Pradesh Bar Council Rules , R.1 Proviso 8— A graduate in law, who has worked as an Assistant Public Prosecutor for more than 3 years, without enrolling himself as a pleader or taking any training for being enrolled as a pleader or an Advocate, is not entitled to be enrolled as an advocate in accordance with the provisions of Proviso 8 to R. 1, U.P. Bar Council Rules.(Para 6) The words "bona fide practised" in proviso 8 signify performance of an act by a person as a professional man which as a private individual or as a salaried official he could not do. Such a professional man is, in the context of proviso 8, a pleader on the Roll of pleaders maintained under the Legal Practitioners Act who has been subject to the disciplinary superintendence and control of the court. A Public Prosecutor' as defined in S. 4(t) of the Code of Criminal Procedure appointed by the State Government under S. 492 of the Code is a person who is not a "Pleader" as defined in S. 4(r) of the Code and is not subject to the discip....