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august 2011

Supreme Court of India · 2011-08-09

PRATAP CHANDRA MEHTA vs STATE BAR COUNCIL OF M.P..

Citation / case number
SC 2011/17315
Court
Supreme Court of India
Petitioner
PRATAP CHANDRA MEHTA
Respondent
STATE BAR COUNCIL OF M.P..
Author
B.S. CHAUHAN,SWATANTER KUMAR, , ,
Bench
B.S. CHAUHAN,SWATANTER KUMAR, , ,

Judgment text excerpt

The Supreme Court examined the validity of Rules 121 and 122-A of the Madhya Pradesh Bar Council Rules in light of Section 15 of the Advocates Act, 1961. The Court held that the rules were ultra vires as they lacked a proper legislative basis and did not receive prior approval from the Bar Council of India, thus invalidating the provisions for removal of office-bearers by 'no confidence motions'. The judgment emphasized the necessity of adherence to statutory guidelines in the enactment of subordinate rules under the Advocates Act.

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