Monday, June 21, 2021

Bharati Dangre's Authored Judgment Challenged Before SC

Petition Challenging Hon'ble J. Bharati Dangre's Judgment Coming up for Hearing on 22 June 2021 


One of the brilliant Judgment authored by Hon'ble J. Bharati Dangre [citation : [2020] GCtR 826 (Bombay)] where Hon'ble J. Bharati Dangre had rejected the applicant's application, has been challenged and it is listed for hearing before Hon'ble Supreme Court on 22 June 2021. Before Hon'ble Bombay High Court, the matter was first listed before Hon'ble J. Sandeep K. Shinde, but, finally, the Judgment was passed by Hon'ble J. Bharati Dangre. 

Before the Hon'ble Bombay High Court, the party had engaged a designated Senior Advocate and despite that the party lost the case. In the Judgment under challenge, Hon'ble J. Bharati Dangre has rightly relied on [Old] GCtR 338 (SC) and [2017] GCtR 200 (SC).

It is useful to note that according to S.16 of the Advocates Act, 1961, High Court or Supreme Court can designate a person as Senior Advocate.  S.16, therefore, makes it clear that an Advocate howsoever old is not a Senior Advocate in terms of S.16 of the Advocates Act, 1961. Further, there is no concept of "Senior Lawyer", "Senior Counsel" used in S.16 of the Advocates Act, 1961. Moreover, there is no system of designating a person as Senior Advocate by anyone other than High Court or Supreme Court indicated in S.16 of Advocates Act, 1961.

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