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State Bar Councils Can’t Charge Fees Above Prescribed Limit: SC

Case Law Details

TaxGuru Citation
2024 taxguru.in 3834
Case Name
Gaurav Kumar Vs Union of India and Ors. (Supreme Court of India)
Date of Judgement/Order
Only available for paid members
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Gaurav Kumar Vs Union of India and Ors. (Supreme Court of India)

Supreme Court held that State Bar Councils (SBCs) cannot charge an enrolment fee or miscellaneous fees above the amount prescribed in Section 24(1)(f) of the Advocates Act, 1961.

Facts- The proceedings under Article 32 of the Constitution address a challenge to the validity of the enrolment fees charged by State Bar Councils. The grievance is that the fees charged by the SBCs at the time of admission of persons on State rolls are more than the enrolment fee prescribed under Section 24(1)(f) of the Advocates Act 1961.

Conclusion- It is clarified that the only charges permissible at the stage of enrolment are those stipulated under Section 24(1)(f) of the Advocates Act. All other miscellaneous fees, including but not limited to, application form fees, processing fees, postal charges, police verification charges, ID card charges, administrative fees, photograph fees etc. charged from the candidates at the time of admission are to be construed as part of the enrollment fee. The fees charged under these or any similar heads cannot cumulatively exceed the enrolment fee prescribed in Section 24(1)(f).

Held that the SBCs cannot charge an enrolment fee or miscellaneous fees above the amount prescribed in Section 24(1)(f).

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