AIR 1986 ALLAHABAD 56

Allahabad High Court

Hon'ble Judge(s): N. D. Ojha, A. N. Dikshita , JJ

(A) Advocates Act (25 of 1961) , S.7, S.34, S.49— Rules framed by the Bar Council of India Part 6 Chapter III R.7 - R.7 is intra vires the rule-making power. R.7 of the Rules cannot be held to be beyond the rule-making power of the Bar Council.(Para 12) It is true that S.49(1)(c) of the Act specially refers to "the standards of professional conduct and etiquette to be observed by advocates" the term which has been used in S.7(b) thereof, but from that circumstance alone it does not necessarily follow that Cl.(ah) of S.49(1) thereof does not relate to a function envisaged by S.7(b). In the alternative Cl.(e) of S.49(1) of the Act which uses the same phrase as S.7(b) can be treated as the source of power to frame R.7. It is well settled that if the source of power can be traced in some statutory provision other than that which has been quoted as the source of power the exercise of power cannot be held to be illegal merely because of the misquotation of its source.(Para 8) When Cl.(ah) of S.49(1), which was added with the object "to give wider rule-making powers to the Bar Council" specially confers power on the Bar Council of India to frame a rule on the subject referred to therein it shall by itself become one of the functions of the Bar Council to frame such a rule in view of the clear language of....