Bar Association cannot pass resolutions restricting the flow of legal services to litigants: Allahabad HC

According to the Court, such resolutions are not only contrary to professional ethics, but also to the directives of the Supreme Court.

The court further stated that the flow of legal services cannot be stopped.

The bench also directed the UP Bar Council to ensure that local bar associations do not pass such resolutions that restrict the flow of legal services.

Title: Ramgopal v UP & Ors Bar Association

Case No: Act C No: 4880/2022

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The bench of Judges Attau Rahman Masoodi and Narendra Kumar Johari At the High Court in Allahabad, Lucknow expressed his displeasure with the law societies passing resolutions that restrict the flow of legal services to litigants.

In this case, two resolutions passed by the Bar Association of Tehsil, Bahraich, were challenged on the grounds that the services offered to litigants in the district court cannot be limited by resolutions passed by the bar.

The petitioner in this case is a private person against whom an action for a permanent injunction has been filed by a practicing lawyer before the Gram Nyayalaya.

The cause of the filing of the complaint was that a Khadanja was filed by gram Panchayat and the entire Bar Council at the request of the lawyer passed a resolution stating that legal services would not be offered to the petitioner and the other defendants.

As legal services were not available to the petitioner, a US 24 CPC application was filed and granted.

Even though the case has been transferred to the civil judge (junior division) and both the petitioner and the defendant have already engaged lawyers, and the resolutions have become ineffective, the panel cautioned the bar against adopting such resolutions.

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According to the Court, such resolutions are not only contrary to professional ethics, but also to the directives of the Supreme Court.

The court further stated that the flow of legal services cannot be stopped.

The bench also directed the UP Bar Council to ensure that local bar associations do not pass such resolutions that restrict the flow of legal services.

Title: Ramgopal v UP & Ors Bar Association

Case No: Act C No: 4880/2022

Get instant legal updates on mobile – Download the Law Trend app now

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