Advocate Fees -- Liability of State -- Cannot be evaded after accepting benefit of professional services
(i) Constitution of India, Art.226 -- Advocate Fees -- Liability of State -- Cannot be evaded after accepting benefit of professional services -- The State cannot escape liability to pay professional fees to an advocate after accepting and benefiting from his services in litigation on its behalf. Permitting an advocate to appear and argue through the State's own Standing Counsel, and taking benefit of the resulting judgment, precludes the State from later disowning the engagement. (ii) Constitution of India, Art.226 -- Writ Petition -- Maintainability -- Not barred merely on disputed questions where facts stand established by official record -- Writ jurisdiction is not ousted merely because a party raises a factual dispute. Where material facts stand established by contemporaneous official records and admissions of the respondent's own functionaries, there is no genuine factual controversy requiring trial, and the rule of self-restraint does not apply.
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