An advocate derives his power to practice law from two sources.

1) Advocate Act, gives power to practice before any court and Tribunal.

2) This right is fundamental right under Art 19 (g) of the Constitution of India. This right cannot be curtailed by putting unreasonable restrictions on advocates.

3) This right cannot be taken away without Due Procedure of Law

Vide N. K. Bajpai Case, 2012(3)Scale 452

Haresh Raichura
4/9/2012

Urban Land Ceiling Act is repealed before 15 years.

In many cases, Govt. Passed declarations of surplus land and became Owner of the Land.

But due to certain reasons, Govt did nothing except taking possession on paper. Now it is held that the Govt can no more get possession of this land.

The proceedings have abated. Govt has lost ownership of this land also by not taking steps in time.

Merely vesting of land not enough. The Govt must have taken actual possession before the ceiling Act was abolished.

Vinayak KashinathvShilkar case 2012 (3) Scale 385

Haresh Raichura
4/9/2013