Vakil Help Desk News: the Telangana High Court has upheld a ₹10,000 practice-resumption fee matching the Bar Council of India schedule, while holding that a State Bar Council cannot levy any charge beyond what the law authorises.
Vakil Help Desk News, Litigation & Courts. The Telangana High Court has upheld a ₹10,000 fee for a lawyer resuming practice, to the extent it matches the fee prescribed by the Bar Council of India, while holding that a State Bar Council has no independent power to levy any additional charge beyond what the Advocates Act and rules authorise. Justice N. Tukaramji decided the matter in K. Shree Hareesh Kumar v. Bar Council of Telangana.
The petitioner, enrolled in 1992, had suspended practice for other employment and, on seeking to resume, was asked to pay the resumption fee. He challenged a resolution raising the fee and argued the levy lacked statutory backing.
The Court held that the power to prescribe such fees lies with the Bar Council of India, and since the petitioner applied after the revised schedule took effect, that schedule governed. It directed that the State Bar Council shall not levy any amount over and above what the Act and rules authorise, and that welfare-fund or other statutory levies be collected only by the competent authority.
What this means for you
A State Bar Council can charge only the fees the Advocates Act and BCI rules allow — any extra levy on lawyers is not permissible.