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TypeBare Act JurisdictionCentral Government

Advocate Act, 1961 Chapter IV

Right to Practise

~2 min read
https://sooperkanoon.com/act/10747

Bare act section · Research

About this section

Advocate Act, 1961 Chapter IV is part of Advocate Act, 1961 - Right to Practise. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

Subject to the provisions of this Act and any rules made there-under, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

Section 30 - Right of advocates to practice

Subject to theprovisions of this Act, every advocate whose name is entered in the1 [State roll]shall be entitled as of right to practise throughout the territoriesto which this Act extends,---

(i) in all courtsincluding the Supreme Court;

(ii) before anytribunal or person legally authorised to take evidence; and

(iii) before any otherauthority or person before whom such advocate is by or under any lawfor the time being in force entitled to practice.

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1. Substitutedby Act 60 of 1973, section 22, for the words "common roll".

Section 31 - Special provision for attorneys

[Omitted by the Advocates (Amendment) Actm 1976 (107 of 1976), section 7].

Section 32 - Power of court to permit appearances in particular cases

Notwithstanding anything contained in this Chapter, any Court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case.

Section 33 - Advocates alone entitled to practise

Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.

Section 34 - Power of High Courts to make rules

(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto.

2 [(1A) The High Court shall makes rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto ].

3[(2) Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examination for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith. ]

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f2"> Inserted by Act 60 of 1973, section 23.

f3"> Inserted by Act 38 of 1977, section 6.

f4"> Sub-section (3) omitted by Act 107 of 1976, section 8.

Frequently asked questions

What does Advocate Act, 1961 Chapter IV provide?

Section Chapter IV of the Advocate Act, 1961 (Right to Practise) is reproduced on this page as part of the Advocate Act, 1961. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Advocate Act, 1961 Chapter IV?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Advocate Act, 1961 Chapter IV. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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