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 Advocateon-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. 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-FG]
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]
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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