**Bombay High Court Rules Bar Council Fee for Advocate Transfer Illegal**
In a landmark decision, the Bombay High Court has deemed the fee imposed by the Bar Council of Maharashtra and Goa (BCMG) for transferring an advocate’s enrollment from another state as “illegal.” This ruling came during a hearing involving advocate Devendra Nath Tripathi, who, alongside advocate D.V. Saroj, argued that while they were not seeking a refund, the fee itself was unlawful.
Tripathi, who was initially enrolled with the State Bar Council of Uttar Pradesh, relocated to Mumbai and began practicing law there. On September 25, 2013, he applied to transfer his enrollment from Uttar Pradesh to Maharashtra under the BCMG. He emphasized that according to Section 18 of the Advocates Act, such transfers should be conducted free of charge. However, he was charged a total of Rs 15,405 for the transfer process, which included Rs 1,900 for the Bar Council of Uttar Pradesh, Rs 11,490 for BCMG, and Rs 2,015 for the Bar Council of India.
Section 18 of the Advocates Act stipulates that an advocate can request a transfer from one state to another without incurring any fees, unless the applicant is facing disciplinary proceedings or the transfer is not made in good faith. Tripathi also pointed out that the fee was applied retroactively from 2003, despite his transfer occurring in 2014, a time when he was not a member of the Maharashtra and Goa Bar Council.
The BCMG, represented by advocate Yogendra Rajgor, indicated that the Council would not oppose the petitioner’s request, provided the court’s ruling was applied prospectively. After considering both sides, the bench, comprising Justices Suman Shyam and Shyam C. Chandak, concluded that the fee charged by BCMG for the transfer of Tripathi’s enrollment was invalid under the law, declaring it illegal for contravening Section 18(1) of the Advocates Act. The court specified that its order would take effect prospectively.
This ruling is significant for the legal community, reinforcing the principle that advocates should not be subjected to fees for enrollment transfers, thereby promoting fairness and accessibility within the legal profession.
**FAQ**
**Q: What did the Bombay High Court rule regarding the Bar Council fee?**
A: The Bombay High Court ruled that the fee charged by the Bar Council of Maharashtra and Goa for transferring an advocate’s enrollment from another state is illegal, as it violates Section 18 of the Advocates Act.