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COI Art. 227  – Revision – Scope of interference is limited.

NIA S. 138 - While imposing sentence, Court can impose sentence lesser than two years -  But there is no discretion to reduce the imposition of fine

Adjournment - Convenience of counsel must subserve the larger interest of the administration of justice.

Home Various Acts Practice and Procedure

Adjournment – Senior counsel not appearing

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It is not made clear that as to under which provision of law, name of Senior Advocate is reflected in the cause list and further, that as per the understanding of this Court, Senior Advocates appears on instructions of the instructing counsel, therefore, there cannot be any ground for adjournment to accommodate non-appearance of the designated Senior Counsel.

Pramendra Yadav v. State of UP & Ors. – WRIT – A No. – 9067 of 2019, Allahabad High Court

Court No. – 43

Case :- WRIT – A No. – 9067 of 2019

Petitioner :- Pramendra Yadav

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Yadvendra Singh,Ashok Khare, Sr. Advocate

Counsel for Respondent :- C.S.C.

Hon’ble Vivek Agarwal,J. Sri Yadvendra Singh, learned counsel for the petitioner submits that he is not prepared with the matter, though counter affidavit and rejoinder affidavit have been exchanged. He submits that matter is to be argued by Sri Ashok Khare, Senior Advocate. It is not made clear that as to under which provision of law, name of Senior Advocate is reflected in the cause list and further, that as per the understanding of this Court, Senior Advocates appears on instructions of the instructing counsel, therefore, there cannot be any ground for adjournment to accommodate non-appearance of the designated Senior Counsel. Let this matter of engagement of Senior Advocate, their name being reflected in the cause list and right of a counsel to seek adjournment due to non-availability of a designated Senior Advocate, be addressed on the next date in terms of the provisions contained in the Advocates Act and the Rules and Regulations framed by Bar Council of India, so also U.P. State Bar Council. For this purpose, this Court appoints Sri Shashi Prakash Singh, learned Senior Advocate assisted by Sri Chandra Prakash Yadav as Amicus Curiae alongwith Sri Vijay Gautam, Senior Advocate to address the Court. List this case on 15th January, 2021 for first addressing the Court on the aforesaid issue. It is directed that name of Sri Chandra Prakash Yadav and Sri Devesh Mishra be reflected in the cause list and a copy of the order sheet be respectively sent to Sri Shashi Prakash Singh and Sri Vijay Gautam, Senior Advocates.

Order Date :- 1.12.2020

Pramendra-Yadav-Vs-State-of-UP-Ors.WRIAA_9067_2019#1Download
Tags: AdjournmentPractice and Procedure

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