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2015 DIGILAW 1225 (SC)

Arun Kumar v. Supreme Court of India

2015-09-14

ADARSH KUMAR GOEL, ANIL R.DAVE

body2015
ORDER : 1. By virtue of these Writ Petitions under Article 32 of the Constitution of India, the petitioners have challenged the validity of Section 52(b) of the Advocates Act, 1961 and Order IV, Rule 1, 5, 7(a)(i), (b)(i) and 7(c) of the Supreme Court Rules, 2013. 2. We have heard the learned counsel appearing for the parties and have also considered the Judgments relied upon by the learned counsel for the petitioners. We are not in agreement with the submissions made by the learned counsel for the petitioners and we accept the view expressed by this Court in Re: Lily Isabel Thomas, (1964) 6 SCR 229 and thereafter, in the case of Ex-Capt. Harish Uppal vs. Union of India and Another, (2003) 2 SCC 45 . 3. We have also considered the Judgment delivered by the High Court of Delhi in Balraj Singh Malik vs. Supreme Court of India, AIR 2012 Delhi 79 and we also approve the view expressed by the High Court. 4. For the reasons stated in the aforesaid Judgments, we are of the view that these petitions have no merit and the Section and Rules cannot said to be ultra vires to the Constitution of India. 5. In view of the above, the Writ Petitions are disposed of as rejected.