Supreme Court of India

Ex. Capt. Harish Uppal v. Union of India and Anr.

Neutral citation

Reported as [2002] SUPP. 5 S.C.R. 186

Bench G.B. Pattanaik J.

Decided 7 December 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the G present strike by lawyers is illegal and unethical.

Judgment, page 20

From the headnote

Advocates Act, 1961: Strike or cal/for boycott of Courts by lawyers-Held: Lawyers have no such right-Instead peaceful demonstra/ion may be resorted to-Further, cour/s may overlook prates/ on an Issue involving dignity, integrity and independence of the Bar and Judiciary provided ii does no/ exceed one day. Advocate-Role of-Whether could resort to strike or call for boycott of Courts-Held: No, since Advocate has obligations and duties to ensure smooth functioning of Court and owes a duty to his client-Strike interferes with administration of justice-Advocate cannot disrupl Courl proceedings.

Authorities it was built on

1996 Dr. B.L. Wadehra v. Union of India and Ors. cited by 1

Where later benches applied it

2020 District Bar Association, Dehradun Throughits Secretary v. Ishwar Shandilya & Ors. relied on
2018 Krishanakant Tamrakar v. The State of Madhya Pradesh relied on
2018 Bar Council of India v. A.K. Balalji and Ors. relied on
2017 Macquarie Bank Limited v. Shilpi Cable Technologies Ltd. relied on
2013 In Re: Rameshwar Prasad Goyal, Advocate v.. relied on
2018 Gopal Jha v. The Hon’ble Supreme Court of India referred to
2017 Hussain and Anr. v. Union of Lndia referred to
2016 Jamshed Ansari v. High Court of Judicature at Allahabad and Ors. referred to
2016 Mahipal Singh Rana, Advocate v. State of Uttar Pradesh referred to
2019 R. Muthukrishnan v. The Registrar General of the High Court of Judicature at Madras distinguished

Of those, 5 relied on · 1 distinguished · 4 referred to

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