Gujarat High Court Allows Persons Having Full Time/Part Time Jobs Having Law Degree To Get Enrolled, Enrolment Certificate Shall Be Withheld

 In such circumstances, referred to above, we read down

Rules 1 and 2 respectively of the Bar Council of Gujarat

(Enrollment) Rules so as to read that a person may be either in

full or part time service or employment or is engaged in any

trade, business or profession, who otherwise is qualified to be

admitted as an Advocate shall be admitted as an Advocate,

however, the enrollment certificate of such a person shall be

withheld with the Bar Council and shall lie in deposit with the

Council until the concerned person makes a declaration that the

circumstances mentioned in Rule 2 have ceased to exist and that

he or she has started his/her practice.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 15123 of 2019

TWINKLE RAHUL MANGAONKAR Vs UNION OF INDIA

CORAM:  THE CHIEF JUSTICE MR. VIKRAM NATH

and  MR. JUSTICE J.B.PARDIWALA

Date : 06/11/2020

(PER :  MR. JUSTICE J.B.PARDIWALA)

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Whether pronouncement on constitutionality of a provision of a Central Act by High court would be applicable throughout India?

 Having heard learned counsel and on perusal of the judgment of the Kerala High Court in Soumya Ann Thomas, as well as the judgment of the Apex Court in Kusum Ingots and Alloys Ltd., what follows is that Section 10A(1) of the Act has been held to be unconstitutional being violative of Articles 14 and 21 of the Constitution. However, to save it from the vice of unconstitutionality, the expression of 'two years' has been read down to 'one year' in sub-section (1) of Section 10A of the Act. The Kerala High Court's pronouncement on the constitutionality of a provision of a Central Act would be applicable throughout India. This is made clear by Hon'ble Supreme Court in Kusum Ingots and Alloys Ltd., wherein it has been stated that an order passed on a Writ Petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the

provisions contained in Clause (2) of Article 226 of the Constitution, would have effect throughout the territory of India subject of course to the applicability of the Act. 

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 3RD DAY OF FEBRUARY 2014

PRESENT

THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE

AND

THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA

WRIT PETITON NO.13112/2012 (GM-RES-PIL)

Mr.SHIV KUMAR Vs  UNION OF INDIA

Citation:  AIR 2014 karnataka 73, MANU/KA/0540/2014

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