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august 1961

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.

DEVATA PRASAD SINGH CHAUDHURI AND OTHERS vs THE HONBLE THE CHIEF JUSTICE AND JUDGES OF THE PATNA HIG · Niyam