The Calcutta Weekly Notes June 4 1951

An Advocate shall be etitled as of right to practise--(a) subject to the provisions of sub-rule (4) of section 9 in the High Court of which he is an Avocate " Now susection (4) of section 9 of the Act provides : "(4) Noting in this section or in any other provision of this Act shall be deemed to limit or in any way affect the power of the High Court to prescribe the conditions under [...] The result is that an Advocate of the Supreme Court shall be deemed to be an Avocate of the different High Courts of the States and his right to practise or plead referred in sub-section (4) of section 9 of the Bar Councils Act will depend on the rules of the different High Courts. [...] The Supreme Court Advocates no doubt have no right to act but his right to practise in the diffeent State High Courts would in the asence of any provision in the new Act dpend on the rules of the State High Courts. [...] In the absence of any provision in the new Act it seems to us that seniority as between Advocates of Supreme Court and the High Court would be determined by the date on which the Supreme Court Advocate becomes entitled to practise in the High Court. [...] Their Lorships of the Supreme Court after a review of the relevant provisions of the Bihar Act which emphasised the finality of the decisions of the Tribunals created by the Act and after referring to the well-known observations of Lord Esher M. R. in the Queen v. Commissioners for Special Puposes of the Income-tax (21 O. B. D. 319) and to another Privy Council decsion summarised its