2004 INSC 0875
                                    SUPREME COURT OF INDIA

                                               Pravin C. Shah

                                                      Vs.

                                           K.A. Mohammed Ali

                                   Review Petition (Civil) No.67/2002

                                  (S. N. Variava and A. K. Mathur JJ.)

                                                 16.08.2004

                                                   ORDER

1. These review petitions had been kept pending for the decision in Writ Petition No. 52 of
2002 which had been filed challenging the vires of Rule 11 of the Kerala High Court Rules.
That Writ Petition has now been disposed of by a judgment of this Court reported in. The
validity of that Rule has been upheld. In that judgment reliance has been placed upon a
decision of a Constitution Bench of this Court in the case of Ex-Capt. Harish Uppal v. Union
of India reported in1. It has been pointed out that there is a difference between the
disciplinary powers of the Bar Council of India and the powers of the Courts to monitor
appearance before it. In view of the decisions of this Court, in both the above mentioned
cases, we see no reason to review the earlier judgment. We, however, clarify that the
observations made in first paragraph to the effect that the Bar Council of India did not
respond to the notice is only a statement of fact and does not imply failure of duty to appear
on part of Bar Council of India.

The Review Petitions accordingly stand dismissed.

12004 5 SCALE 232

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