In Re: Mannava Venkata Rao

Subba Rao, C.J.—This is an application by Mr. Venkata Rao an Advocate of the Mysore High Court, for being enrolled as an advocate of this High Court. The question raised is whether the Petitioner is exempted from paving stamp duty on his enrolment.

In this case, we have not had the advantage of the assistance of the Advocate-General. It is unfortunate that the present Advocate-General has been ill for a considerable time, and we understand that ho has taken leave, But no advocate has yet been appointed to act as Advocate-General of this State. Article 165 of the Constitution of India says:

(1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge; of a High Court to be Advocate-General for the Stats.

(2) It shall be the duty of the Advocate General to give advice to the Government of the State upon such legal matters and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force. It is clear from the aforesaid provisions that there shall be an Advocate-General for every State and that he has to discharge not only the duties entrusted to him but also the duties conferred on him under various statutes.

The following are some of the functions of the Advocate-General:

(a) to advise the State Government on any "legal problem which may be referred to him;

(b) to represent the State in Civil and Criminal matters of special importance;

(c) to enter a nolle prosequi or to grant a fiat for review of verdict in criminal cases tried by the High Court;

(d) to protect public rights in such matters as public charities and public nuisances;

(e) to take action in contempt proceedings and to appear in cases where professional misconduct of the advocates is involved and others;

(f) he is the official head of the Bar and the President of the Bar Council.

Apart from the fact that the interests of the Government suffer, this High Court is also deprived of his assistance. That apart, there is no Advocate-General to discharge the statutory duties conferred on him in public interests. It is, therefore, hoped that some competent gentleman of the Bar would be appointed to act as Advocate-General till such time as the present incumbent recovers from his illness. This is not intended to be an aspersion on Sri Seshachalapathi, who represented him in this case. Indeed we are grateful to him for the assistance rendered by him in this case.

The material facts necessary for deciding the Question raised may be briefly stated. Mr. Venkata Rao was enrolled as an advocate of the Mysore High Court on 18-11-1954, when the Mysore State was a Part B State. When he was enrolled, the Indian Stamp Act did not apply to that State and he paid stamp duty of Rs. 300 under the Mysore Stamp Act. Under the States Reorganisation Act. 1956. Mysore Part B State was abolished and a new Mysore Part A State was constituted and. u/s 53 of that Act, the Petitioner was recognised as an advocate of that High Court and his name was entered in the roll of advocates of that High Court. Now he applies to be enrolled as an advocate of the High Court of Judicature Andhra Pradesh.

At the outset, it will be convenient to read the relevant provisions of the Indian Bar Councils Act the States Reorganisation Act and the Indian Stamp Act.

The Indian Bar Councils Act and the Rules framed there u/s 81- (1) No person shall be entitled as of right to practise in any High Court unless his name is entered in the roll of the advocates of the High Court maintained under this Act.

(2) The High Court shall prepare and maintain a roll of advocates of the High Court in which shall be entered the names of:

(a) all persons who were, as advocates vakils or pleaders entitled as of right to practise in the High Court immediately before the date on which this section comes into force in respect thereof; and

(b) all other persons who have been admitted to be advocates of the High Court under this Act:

Provided that such persons shall have paid in respect of enrolment the stamp duty, if any, chargeable under the Indian Stamp Act. 1899, and a fee, payable to the Bar Council, which shall be ten rupees in the case of the persons referred to in Clause (a) and in other cases such amount as may be prescribed.

Rule 1 of the Andhra Bar Council Rules:

Subject to the conditions hereinafter mentioned:

an advocate entered on the roll of advocates of a High Court established by law in India other than the High Court of Andhra at Guntur:

Provided that the rules for admission in such

High Court entitle an'' advocate entered on the roll of the High Court of Andhra at Guntur to be enrolled as an advocate of that High Court may be admitted as an advocate of the High Court.

The States Reorganisation Act Section 53: (2) The right of audience in the High Court for a new State shall be regulated in; accordance with the like principles as immediately before the appointed day, are in force with respect to the right of audience in the High Court for the corresponding State:

Provided that, subject to any rule made or direction given by the High Court, for a new State in exercise of the power conferred by this section, any person who immediately before the appointed day, is an advocate entitled to practise, or an attorney entitled to act in any such High Court or Judicial Commissioner''s Court as may be specified In this behalf by the Chief Justice of the High Court for the new State, shall be recognised as an advocate or an. attorney entitled to practise or to Act as the case may be in the High Court for the new State.

The Indian Stamp Act Article 30. Entry as an advocate, vakil or attorney on the roll of any High Court, under the Indian Bar Councils Act, 1926, or in exercise of powers conferred on such Come by letters patent or the Legal Practitioners'' Act, 1884.

(a) in the case of an advocate or vakil Rs. 625.

A combined reading of the aforesaid provisions may be summarized thus. An advocate of any High Court, provided there is reciprocity between the High Court where he was enrolled and '' the High Court wherein he seeks to foe enrolled, can get himself enrolled in the High Court of Andhra Pradesh in accordance with the provisions of the Bar Councils Act. Under the States Reorganisation Act, advocates practicing in the High Court ''of the Mysore Part B State were entitled to be recognised as advocates of the High Court of Mysore Part A State and to be entered in the list of advocates prepared by that High Court. A person seeking to be enrolled in this High Court has to'' pay ''stamp duty of Rs. 625 under the Indian Stamp Act, "but an advocate on the toll of any High Court when he has previously been enrolled in the High Court is exempted from the payment of stamp duty. Prima facie, therefore, under the provisions, an advocate of the Mysore High Court is exempted from paying stamp duty at the time of enrolment in this High Court.

The learned Government Pleader contends .that before he can get exemption, he must comply ''with two conditions: (i) that he is on the rolls of, another High Court and (ii) that he should have paid the stamp duty under the Indian Stamp '',Act at the time he was enrolled as an advocate of "that High Court, and in support of this contention, reliance is placed upon the decision of a Division ''. Bench of the Madras High Court consisting of Rajamannar. O. J., and Venkatarama Ayyar, J., in ''Abdul Khader. In re 1953-2 Mad LJ 457 : AIR "4.954 Mad 78) (A). There an advocate of the High Court pi Travancore-Cochin, sought to control himself as an advocate of the Madras High Court and he said advocate claimed exemption under "Article 30 of the, Indian Stamp Act. Rajamannar, C. J., who delivered the judgment on behalf of the Bench in rejecting his claim gave three reasons in "support of this view: (i) the right to the benefit of the exemption can only arise in cases where the -original entry itself would be applicable, (ii) "High Court" in item.25 is High Court within the territory "to which the Stamp Act applies and (iii) the material date "for .deciding whether a person is entitled, to the benefit of the exemption or not is the date, of his previous enrolment. With great respect to the learned Chief Justice, we entirely agree with the reasoning on which his decision was based- Indeed, a Division Bench of this High Court CM. P. No. 750G of 1954 followed the "''Judgment under similar circumstances when an advocate of the High Court of Andhra. But those judgments, in our view, have no application to the case of an advocate who was recognised as an advocate of the Mysore Part A State under the Provisions of the States Reorganisation Act. The learned Chief Justice gave those reasons in an attempt to ascertain the meaning of the words "High Court" in Article 30. But no such ambiguity as existed at that time obtains now, for, the provisions of the States Reorganisation Act are clear and unambiguous on the matter. u/s 63 of the States Reorganisation Act, the Petitioner was recognised as an advocate of the present High Court, of Mysore State. It is admitted that the provisions of the Indian Stamp Act apply to that State now. It is also not denied that the provisions of the Bar Councils Act are equally applicable. u/s 8 of the Bar Councils Act a person enrolled is placed in the roll of advocates of the High Court and presumably the Petitioner was placed in the list of advocates of that High Court.

In short, the Petitioner was put in the list of advocates of the Mysore High Court, and, therefore, was enrolled as an advocate of that High Court. If so, he is "an advocate of any High Court when he has previously been enrolled in a High Court" within the meaning of the exemption to Article 30 of the Stamp Act. He has certainly been enrolled previously as an Advocate, of the Mysore High Court when he was recognized as such and his name was entered in the list of advocates. He is also now on the roll of advocates of that High Court. He is. therefore, entitled to the exemption. We accordingly direct his enrolment.