High Court Bar Association

BAR ASSOCIATION, Nagpur is functional since the time Nagpur was administered by the Judicial Commissioners Court. The earliest record available, being of the year 1922. The genesis of High Court Bar Association, Nagpur, stems from Nagpur Bar Association to Nagpur High Court Bar Association and runs parallel to the genesis of the Nagpur High court.

History of Nagpur High Court

The history of Nagpur High Court cannot be narrated without the history of the creation of the State of Maharashtra. Nagpur, a Principal area in Central Bharat, was earlier a part of the Central Provinces. The Central Provinces were created by the British Government to administer several constituencies in Central India, Nagpur being the head of such constituencies. The Highest Court was then granted to administer the Central Provinces was the Judicial Commissioners Court. Such Judicial Commissioners Court was set up at Nagpur, by an appropriate order of the British Government in the year 1861.

1861 – 1933 :

From 1861, the judicial administration of Nagpur through the British Government, was through the agency of the Judicial Commissioners Court. Subsequently, the Central Provinces, hitherto a smaller province, expanded into larger area by additional constituencies. In 1921 it was elevated as a Governor’s Province. By virtue of being a Governor’s Province, Nagpur was now entitled to a High Court. However, there was no such sanction granted by the British Government till 1933. As such, Nagpur continued to be administered by the Judicial Commissioners Court till the year 1933.

1933 - 1940 :

In 1933, the Central Provinces region of British Administration was expanded by the addition of the Berar Region coming from the Nizam’s State of Hyderabad. With the constituencies having matured into the Central Provinces and Berar, again with Nagpur as its principal seat, the British Government eventually issued a Letter’s Patent dated 02nd January 1936, under section 108 of the Government of India Act, 1915, signed by the King Emperor George the Vth, establishing the Nagpur High Court for Central Provinces and Berar.

1940 :

It took almost four years to build the majestic building of the Nagpur High Court; on 06th January 1940, the building was completed. The High Court was already functional from 09th January 1936, under the Chief Justiceship of Sir Gilbert Stone functioning from the old High Court Building. On 06th January 1940, the present building of the Nagpur High Court was inaugurated and in such inaugural session, Viceroy described this building as a POEM IN STONE.

1956 :

On 01st November 1956, with the passage of the States Reorganization Act, the new state of Bombay was created, adding to it the Marathi speaking areas from Madhya Pradesh, Hyderabad and Gujarat. Though a turbulent period continued from 1956 to 1960, the High Court kept on functioning

1956-60 :

With the passage of the State Reorganization Act, 1956, the State of Madhya Pradesh “Madhya Bharat” was also created and the letters patent of 1936 of the Nagpur High Court continued for the High Court of Madhya Pradesh with its new seat, now at Jabalpur, Indore and Gwalior. This was possible due to Article 225 and 372, which provide for adoption of existing letters patent to the new States formed and setting up of High Courts therein. The letters patent of 02nd January 1936 was now transferred to the State of Madhya Pradesh. Nagpur lost its capital status and was merged in State of Bombay. From 1956-60 Nagpur High Court continued to function as a Circuit Bench under the order issued by the Chief Justice of Bombay, under section 51 (3) of the States Reorganization Act. This Circuit Bench status of the Nagpur High Court continued till 1960. On 01st May 1960, with the Bombay Reorganization Act, State of Bombay was bifurcated into two separate States of Maharashtra and Gujarat; on account of the Nagpur Pact, Nagpur was given the status of second capital, while the Bench of the Bombay High Court was created at Nagpur. The present day the Nagpur High Court is the Bench of the Bombay High Court functioning as such since 1960. This history of the Nagpur High Court also reflects in the Bar Association of which the early records are available since the year 1922.

NAGPUR BAR ASSOCIATION : EARLY NOTES

Nagpur Bar Association-1922

The Bar Association for the Lawyers at Nagpur was functional for the Judicial Commissioners Court at Nagpur, which was the highest court for the region of Central Provinces, back then. The Association had almost 23 members with Dr. Harisingh Gour as its President and Shri. K V Deuskar as its Secretary.

Early demands of stalwarts of the bar were extremely revolutionary, seeking complete status of High Court for the Judicial Commissioners Court. Following are the few highlights of the resolutions passed and adopted from 1923 till 1930.

• 13th September 1923

The legal practitioners amendment bills was moved wherein few comments were given by the Association.

• 02nd July 1924

The committee resolved on seeking new chambers for lawyers and also to apply for subscription of Halsbury’s Laws of England (thick paper edition); the menace of touts was considered and it was resolved to deal with the same.

• 24th July 1924

The Bar Association took a firm stand on seeking appointment of member to the Judicial Commissioners Bench from members of Bar and it protested against adverse policies and circulars of the British Government.

• 25th July 1925

Stalwart like Sir Dr. Hari Singh Gour, R V N Bose, W G Kathale, M Gupta, Bhavani Shankar Niyogi and D. T Mangulmurti, passed a resolution demanding setting up of a High Court in Nagpur to improve judicial administration of the Central Provinces and Berar, in line with the other High Courts in other provinces in India.

• 31st August 1925

The Bar Association believed in complete equality of standards of lawyers at Nagpur and Mumbai, and as such it recorded its appreciation of the action taken by the Judicial Commissioner in refusing the permission to one D B Rao, Advocate of the Bombay High Court to appear in the Nagpur on the ground that the Bombay High Court is not prepared to extend the privilege to the practitioners of the Nagpur Court.

• 31st January 1926

The likes of Shri M Y Sharif, M R Bobde, K K Gandhe, D T Mangulmurti, R B Kinkhede, N B Niyoge, W B Pendharkar, with other members of the bar resolved that Nagpur has been unjustly excluded from the Bar Council Bills and they called upon the legislature to include the Nagpur in the provisions of upcoming Bar Council bill.

* In the year 1926, there was proposed an amendment to the Civil Procedure Code. In response to the notice of the legislature, Sir Dr. Hari Singh Gour had prepared a note on the Civil Procedure Bill, which was unanimously forwarded by the Bar Association to the Legislature and it was eventually also incorporated to some extent in Civil Procedure Code. On 29th November 1926, once again a demand was made to elevate the status of the Judicial Commissioners Court to that of a proper High Court with some mention about summer vacations as well.

* The Bar Association, as its stood then, regularly took a stand upon the Statutes and Polices of the British Government, as can be seen from the specific minutes of the meeting of the year 1927. In fact, Sir Dr. Hari Singh Gour introduced in the assembly his bill known as Children Protection Bill, to prevent infant marriages in India. Such proposals were in conflict with the contemporary rituals, but the Nagpur Bar Association held them high in view of their keen sense of justice. Hence the Nagpur Bar Association appealed to the government to support the bill of Sir Dr. Hari Singh Gour, to raise the age of consent from 15 to 16.

* The Association eventually was successful in getting the High Court sanctioned in the year 1936, which went fully functional in the year 1940. The association was thereafter labled as Nagpur High Court Bar Association and finally High Court Bar Association, Nagpur.

* The early administration of the High Court Bar Association around the year 1940 saw unanimous election of members on account of a limited strength and general consent amongst the members of the association with respect to their leaders.

BAR AND THE BENCH

The Year 2022 is a Monmentous one, as we celebrate "THE CENTENARY YEAR OF THE HIGH COURT BAR ASSOCIATION, NAGPUR" , which has seen many stalwarts in the legal profession like Sir Dr. Hari Singh Gour, Bhawani Shankar Niyogi, Shri M. R. Bobde, Shri D. T. Mangalmurti, Shri M. Y. Sharief, Shri W. B. Pendharkar, Shri A. M. Bobde, Shri V. R. Manohar, Shri C. S. Dhrmadhikari, Shri B. A. Masodkar, Shri K. H. Deshpande, Shri P. G. Palshikar, Shri C. G. Madkholkar, Shri R. B. Pendharkar, Shri. J. N. Chandurkar and many more.
And has also seen many of them rise to the position of Judges and Chief Justices of various High Courts and further Judges of the Supreme Court as well. Justice Vivian Bose and Justice Hidayattulah, who belonged to the Nagpur High Court of the Central Provinces Region, were the shining stars of the Nagpur who were elevated to the Supreme Court of India. Subsequently, Justice V. S. Sirpurkar, Justice S. A. Bobde and Justice B. R. Gawai rose to be the judges of the Supreme Court of India; amongst them Justice S. A. Bobde went on to become Chief Justice Of India as well. The Judges elevated from the Bar who further rose to be the Chief Justice of different High Courts included Justice M. N. Chandurkar, Justice Ashok A Desai (Uttaranchal), Justice J. N. Patel (Kolkata), Justice B. P. Dharmadhikhari (Bombay). That many members of this Bar are also elevated to the Bench and also held important legal portfolios.

The past Presidents and Secretaries of the Bar have contributed to the betterment of the Bar, in terms of infrastructure as well as work culture

The Bar Association as it stands in the present day consists of 2827 members, with a substantial number of Lady Lawyers as well.

ABOUT : HIGH COURT BAR ASSOCIATION, NAGPUR

NAGPUR BAR ASSOCIATION : EARLY NOTES