Recently, te division bench of the Allahbad High Court comprising, Justices Surya Prakash Kesarwani and Anish Kumar Gupta observed that the legal professio in India should not be subjected to commercial rates for electricity consumption.
Further, it is said that its a reputed job and the law officals are is forbidden from engaging in business or commercial activities.
''Advocates have defined duties towards the court, clients, colleagues, and opponents'' the Court said.
During the course of hearing, the division bench said that, such features categorically seprates the legal profession from trade or business. Therefore, it can not be called a commercial activity.
"The advocate's profession cannot be categorised to be charged under LMV-2, which is applicable to the commercial activities. The lawyer's activities are not commercial establishment as held by the Supreme Court and by various High Courts"
In the said matter, the Allahbad High Court was hearing a plea filed by Tehsil Bar Association challenging the applicability of commercial electricity consumption rates to lawyers' chambers.
The petitioners argued that the profession of a lawyer was not a commercial activity and that by playing a role in the administration of justice, they serve society.
In an arguement, the petitioners mentioned that the chambers of the Noida District Bar Association were being charged under the LMV-1 category.
''The Lawyers chambers / offices shall be charged only under LMV-1 Domestic category as the lawyers neither do any trade or business nor are involved in any commercial activity." the judgment stated.
The counsel for UPPC submitted that as per the financial year 2022-23, reports, the legal activities comes under 'non-domestic purposes', which is to be charged for electricity consumption under LMV-2 category.
Further, it was submitted that the petitioners should approach the UPERC for the approvval of the rate schedules.
The Court noted that in the rate schedule 2022-23, activities of advocates did not find a mention under any category.
To this, the Court said that, In order to bring the lawyers' offices within the categories of non-domestic purposes, the activity must be established to be of similar nature as illustrated in the rate schedule under category LMV-2.
Referrin to the case of M.P. Electricity Board and Ors. v. Shiv Narayan Chopra, the Court said that the legal profession is non-commercial in nature and that commercial tariff rates cannot be charged from lawyers for their work.
Accordingly, the Court allowed the petition and ordered that earlier circulars imposing LMV-1 rates would be applicable to lawyers' chambers within the court premises.
Website designed, developed and maintained by webexy