Supreme Court of India · 1970-08-21
ADI PHEROZSHAH GANDHI vs H. M. SEERVAI, ADVOCATE-GENERAL OF MAHARASHTRA, BOMBAY
- Citation / case number
- SC 1969/60393
- Court
- Supreme Court of India
- Petitioner
- ADI PHEROZSHAH GANDHI
- Respondent
- H. M. SEERVAI, ADVOCATE-GENERAL OF MAHARASHTRA, BOMBAY
- Author
- HIDAYATULLAH, M. (),SHELATM.,MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,MITTER, G.K.,VAIDYIALINGAM, C.A.,RAY, A.N.
Judgment text excerpt
The Supreme Court held that the Advocate-General of the State does not qualify as a 'person aggrieved' under Section 37 of the Advocate Act, 1961, and therefore lacks the locus standi to appeal against the Disciplinary Committee's decision. The Court found that the Advocate-General's role is not that of a party with independent rights, as he is neither injured by the decision nor bound by it. Consequently, the appeal filed by the Advocate-General was deemed incompetent, leading to the setting aside of the Bar Council of India's finding against the appellant.