Allow Cookies!
By using our website, you agree to the use of cookies
The Kerala High court in its judgment stated that "once a fee is prescribed by the legislature be it called special fee or any other such can only be changed that too only if there is an express legislative sanction therefor.
The parties have filed a Special Leave Petition before the Supreme Court for which the court has dismissed the petition as keeping such fee is unauthorized and illegal. There was a batch of SLPs filed in front of the bench comprising Justice A.K.Sikri and Justice S.Abdul Nazeer all of which were dismissed as they were SLP’s of this regard.
The special fee which was prescribed by bar council had varied depending on the when the candidates are seeking enrolment which are classified as candidates who are seeking enrolment after 5year and below 10years from date of passing the LLB degree, candidates who after attaining the age of superannuation and got retired after which they came seeking for enrolment whose monthly gross salary is up to Rs60000 or the parties whose monthly gross salary is above Rs60000 or those who have undergone the course of law degree after their retirement and those who voluntarily retired.
Justice Alexander who had presided a single bench of High Court allowed the writ petition which was filed by several lawyers under this ambit and stated that this kind of provision which authorizes the collection of special fees from the candidates who seek for enrolment is totally a violation of provisions contained in Section 24(1)(f) of the Advocates act and it is clear that bar council has no rulemaking power in this ambit. The court also directed to refund the money to those candidates who already paid the amount.
When the matter went to the division bench comprising of then Chief Justice Antony Dominic and Justice Dama Seshadri Naidu stated that only if there is an express legislative sanction the state bar can prescribe the fee. The bench has dismissed the appeal and upheld the single bench judgment stating under its powers conferred under Advocates act the prescription of a special fee is totally ultra vires.
86540
103860
630
114
59824