IN RE: ADVOCATE ON RECORD INCLUDES A PROPRIETARY FIRM ETC. versus .

Citation: [2021] 2 S.C.R. 308 · Decided: 20-01-2021 · Supreme Court of India · Bench: SANJAY KISHAN KAUL
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SUPREME COURT REPORTS
[2021] 2 S.C.R.
   [2021] 2 S.C.R. 308
308
IN RE: ADVOCATE ON RECORD INCLUDES A
PROPRIETARY FIRM ETC.
(Writ Petition (Civil) No. 1107/2020)
JANUARY 20, 2021
[SANJAY KISHAN KAUL, DINESH MAHESHWARI AND
 HRISHIKESH ROY, JJ.]
Legal Profession – Advocate-on-Record – Letter-head and
Vakaltnama of – Petitioner-Advocate-on-Record (Siddharth
Murarka) seeking to state / refer, on his letter head and Vakalatnama,
his Law Chambers as a sole proprietorship firm followed by his
name and registration number – If permissible – Held: The expression
“Law Chambers” has been borrowed from England where it is a
reference to a particular lawyer in whose chambers people may
have been working and carrying on the legal practice – Effectively
this style only records the practice of the chamber which is a sole
proprietorship of Mr. Siddharth Murarka – He is the person who is
registered as an Advocate on Record with the Supreme Court –
Writing “Law Chambers of Siddharth Murarka, Sole Proprietor
Siddharth Rajkumar Murarka, Advocate on Record, Supreme Court
of India AOR NO. …” is permissible style of putting on the letter
head and in the Vakalatnamas – If such Vakalatnamas are filed
they will be treated as a Vakalatnama of Mr. Siddharth Rajkumar
Murarka, who is an Advocate on Record.
Legal Profession – Advocate-on-Record – Entry in Advocate-
on-Record register – Whether an Advocate-on-Record can have entry
in Advocate-on-Record register in the form of his style of carrying
on profession as a sole proprietorship firm – Held: If different styles
of writing names are to be permitted for Advocates-on-Record, that
can be only by an exercise to amend the Supreme Court Rules –
Rule making authorities to examine whether they would like to
expand the registration of Advocates-on-Record permitting persons
to carry on the profession in any sole proprietorship firm’s styles or
name – The Rules being sacrosanct, not to be interfered with, in the
present proceedings – Supreme Court Rules, 2013 – Order IV, Rules
1(b), 13(1), 22 and 23.
Words and Phrases – Expression ‘Law Chambers’ – Discussed.
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Closing the proceedings, the Court
HELD:1.1. Under the Supreme Court Rules, 2013, there
can be an Advocate-on- Record or a firm of Advocates on Record,
however, the grievance of the petitioner is that if the partnership
firm can be registered and operate he should be permitted to do
as a sole proprietor. [Para 4, 5][311-D-E; 312-B]
1.2. If different styles of writing names are to be permitted
for Advocates on Record, that can be only by an exercise to amend
the Rules. The legal profession is not a business but a profession.
It is left to the Rule making authorities to examine whether they
would like to expand the registration of Advocates on Record
permitting persons to carry on the profession in any sole
proprietorship firms, styles or name. The Rules being sacrosanct,
the court would not like to interfere with the same in the present
proceeding. [Para 6][312-C-D]
2.1. On individual facts of the present case, Mr. Murarka
seeks to state in his letter head and while filing the Vakalatnama
“Law Chambers of Siddharth Murarka sole proprietor Siddharth
Rajkumar Murarka” with his registration number given. It is this
aspect alone which is to be examined. [Para 7][312-E]
2.2. The expression “Law Chambers” has a history from
England and also in India because considerable jurisprudence
has been borrowed from England where it is a reference to a
particular lawyer in whose chambers people may have been
working and carrying on the legal practice. It appears that this is
the style Mr. Murarka seeks to adopt by reference to the Law
Chamber with his name following suit. Effectively this style only
records the practice of the chamber which is a sole proprietorship
of Mr. Siddharth Murarka. He is the person who is registered as
an Advocate on Record with the Supreme Court. [Para 8][312-F-
G]
2.3. Thus, writing “Law Chambers of Siddharth Murarka,
Sole Proprietor Siddharth Rajkumar Murarka, Advocate on
Record, Supreme Court of India AOR NO.2151, M: 9324175774/
1” is permissible style of putting on the letter head and in the
Vakalatnamas and thus, if said Vakalatnamas are filed they will be
treated as a Vakalatnama of Mr. Siddharth Rajkumar Murarka,
who is an Advocate on Record. [Para 9][312-G-H; 313-A]
IN RE: ADVOCATE ON RECORD INCLUDES A
PROPRIETARY FIRM ETC.
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SUPREME COURT REPORTS
[2021] 2 S.C.R.
CIVIL ORIGIN
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