Bombay High Court Strikes Down Transfer Fee for Advocates Shifting Enrollment Between State Bar Councils

The Bombay High Court ruled that the transfer fee charged by the Bar Council of Maharashtra and Goa for relocating an advocate’s enrollment from another State Bar Council violates Section 18(1) of the Advocates Act, 1961.

The Bench of Justices Suman Shyam and Shyam Chandak held the fee illegal in a plea by lawyer Devendra Nath Tripathi, who was charged ₹15,405 for transferring his enrollment from Uttar Pradesh to Maharashtra.

The Court applied the Supreme Court’s judgment in Gaurav Kumar and clarified that transfers must occur without fees, quashing the fee mechanism prospectively.

The order does not affect past fee collections.