Recently the Allahabad High Court has framed a question of law that Whether non availability of Senior Advocate can be a ground of Adjournment of a case?
Why was this Question raised?
In the case of Parmendra Yadav vs State of U.P., the Counsel for the Petitioner submitted before the Court that he is not prepared with the case and the case has to be argued by the designated Senior Advocate Sri Ashok Khare.
Hon’ble Justice Vivek Agarwal observed that it is not clear that under which provision of law the name of Senior Advocate is printed on the cause list of the court.
The Court further observed that the issue of right to seek adjournment on the ground of non availability of Senior Advocate needs to be addressed by the Counsels.
Consequently, the Court has appointed Shri S.P. Singh, Senior Advocate assisted by Shri C.P. Yadav as Amicus Curiae in the matter to address the court on the next date on this issue in terms of the provisions of Bar Council of India Rules, Advocates Act etc.
The Court has directed to list the matter on 15 January 2021 for hearing on this issue.
Madras High Court Banned Mentioning and Adjournment by Senior Advocates
Recently, the Madras High Court has framed Madras Designation of Senior Advocate Rules 2020, which specifically bars a Senior Advocate from Mentioning a matter or seek adjournment in a court.
Title:Parmendra Yadav vs State of U.P. and Others
Case No.: Writ A 9067 of 2019
Coram: Hon’ble Justice Vivek Agarwal
Date of Order: 01.11.2020