. CHANDRA PRAKASH AGARWAL vs CHATURBHUJ DAS PARIKH & ORS. Supreme Court, 18-12-1969

CourtSupreme Court (India)
JudgeSIKRI, S.M.,SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER:
CHANDRA PRAKASH AGARWAL
Vs.
RESPONDENT:
CHATURBHUJ DAS PARIKH & ORS.
DATE OF JUDGMENT:
18/12/1969
BENCH:
SHELAT, J.M.
BENCH:
SHELAT, J.M.
SIKRI, S.M.
BHARGAVA, VISHISHTHA
MITTER, G.K.
VAIDYIALINGAM, C.A.
CITATION:
1970 AIR 1061 1970 SCR (3) 354
1970 SCC (1) 182
ACT:
Constitution of, India, 1950, Art. 217(2)(b)-"Advocate of a
High Court", meaning of Art. 124(3) and 233(2)-Legal
Practitioners Act, 1897-Bar Councils Act, 1926.
HEADNOTE:
The appointment of the respondent as a Judge of the High
Court was challenged on the ground that though he was
enrolled as an advocate more than twenty years ago he could
not ’claim to be one who "has for at least ten years been an
advocate of a High Court" as he was all along practicing in
the Muffasil and not in the High Court.
HELD : The expression "an Advocate of a High Court" in Art.
217(2)(b) mean an advocate on the roll of a, High Court and
entitled as of right by that reason to practice in, the High
Court. There is nothing In the Article to indicate that an
Advocate of a High Court can only be that advocate who has
been practising in the High Court. [358 HI
Sengalani Gramani v. Subayya Nadar, A.I.R. 1967 Mad. 344 and
V. G. Row v. Alogiriswamy, A.I.R. 1967 Mad. 347, referred
to.
JUDGMENT:
CIVIL APPELLATE.JURISDICTION : Civil Appeal No. 2331 of
1968.
Appeal from the judgment and order dated July 24, 1968 of
the Allahabad High Court in Civil Misc. Writ No. 14433 of
1968.
M.P. Bajpai, S. M. Jain and G. M. Wantoo, for the
appellant.
O. P. Rana, for respondents Nos. 1, 2 and 5.
I. N. Shroff, for respondent No. 3.
L. M. Singhvi and S. P. Nayar, for respondent No. 4.
Shelat, J. I he appellant filed a writ petition in the High
Court at Allahabad for a quo warranto against respondent 1,
challenging therein his appointment as 4 Judge of that High

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