Supreme Court of India · 1961-08-29
DEVATA PRASAD SINGH CHAUDHURI AND OTHERS vs THE HONBLE THE CHIEF JUSTICE AND JUDGES OF THE PATNA HIG
- Citation / case number
- SC 1958/172
- Court
- Supreme Court of India
- Petitioner
- DEVATA PRASAD SINGH CHAUDHURI AND OTHERS
- Respondent
- THE HONBLE THE CHIEF JUSTICE AND JUDGES OF THE PATNA HIG
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that Section 9 of the Legal Practitioners Act, 1879 entitles a duly enrolled Mukhtar to practice in any Civil Court, while Section 11 empowers the High Court to regulate the functions and duties of Mukhtars. The Court found that Rule 2 of the Patna High Court's General Rules, which restricts Mukhtars from addressing Civil Courts without leave, is a valid exercise of rule-making power and does not violate their fundamental rights under Article 19(1)(g). The petition challenging the constitutionality of Rule 2 was dismissed.