Allahabad Court December 1933 Judgments

Shiva NaraIn Jafa Vs. the Hon'ble Judges of the High Court of Judicatu ...

Court: Allahabad

Reported in: 150Ind.Cas.699

ORDER1. This is an application for leave to appeal to His Majasty in Council from an order of a Bench of this Court suspending the applicant who is an enrolled Advocate, for a period of three months. A preliminary objection is taken by the Government Advocate that no leave to appeal to His Majesty in Council can be given by this Court. It is urged that the suspension of the Advocate is in the exercise of the power especially conferred upon this Court by Clause (8) of the Letters Patent and by the Bar Councils Act of 1926 and that when exercising such power the High Court is not exercising any jurisdiction, much less civil jurisdiction. It is, therefore, contended that Clause 30 of the Letters Patent would not at all apply and there would be no appeal to the Privy Council. It is further contended that the case not being a civil case to which Sections 109 and 110, Civil Procedure Code can apply, no leave can be granted under those sections.2. Reliance is placed on the view which has been...