Rajasthan HC stays issuance of registration certificate to Rajasthan High Court Senior Lawyers Association

Rajasthan HC stays issuance of registration certificate to Rajasthan High Court Senior Lawyers Association

The Rajasthan High Court stayed the issuance of registration certificate to Rajasthan High Court Senior Lawyers Association.

Arguments 

Advocate Rajendra Prasad, appearing for  the petitioners, contended that the approval granted by the respondents for registration of ‘Rajasthan High Court Senior Lawyers Association, Jaipur’ under the Rajasthan Societies Act, 1958 is violative of Section 3 read with Clause 17 of the Schedule of The Emblems and Names (Prevention of Improper Use) Act, 1950 which prohibits use of name of the High Court of any State for any purpose without authorization. 

He argued that no such authorization has been issued in favour of the Association. He also objects to the use of word “Senior Lawyers Association” in the name of society as it is in violation of Section 16 of the Advocate Act, 1961. 

He contended that there are only two classes of Advocates, i.e, Senior and other Advocates with no such nomenclature as designated Senior Counsel and hence, considering the reply filed by the respondent to the objection raised by the petitioner to its registration, approval for registration could not have been extended. 

Decision 

The single judge bench of Justice Mahendar Kumar Goyal issued notice of the writ petition as well as of stay application. 

The court said that the notices are filed in two sets. One set of notices be sent through a registered post with acknowledgement due. Steps to be taken within a week. 

The court after taking into consideration the contentions advanced by Senior Counsel and the material on record, restrained the respondents from issuing registration certificate in favour of the respondent, till further orders. 

Case title: Rajasthan High Court Bar Association v/s State Of Rajasthan & Ors.

Citation: S.B. Civil Writ Petition No. 2316/2022 

Click here to read the Order/Judgment

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