INDIAN BAR COUNCILS ACT, 1926 [Act, No. 38 of 1926] [9th September, 1926] PREAMBLE An Act to provide for the constitution of Bar Councils and for other purposes. WHEREAS it is expedient to provide for the constitution and incorporation of Bar Councils for certain Courts to confer powers and impose duties on such Bar Councils, and to consolidate and amend the law relating to legal practioners entitled to practice in such Courts. It is hereby enacted as follows:
View Complete Act List Judgments citing this section(1) In this Act, unless there is anything repugnant in the subject or context, -- (a) "advocate" means an advocate entered in the roll of advocates of a High Court under the provisions of this Act; (b) "Advocate-General" includes, where there is no Advocate General, the Government Advocate and, where there is no Advocate General or Government Advocate, such officer as the State Government may declare to be the Advocate General for the purposes of this Act; (c) "High Court" means a High Court to which this Act applies; and (d) "prescribed" means prescribed by rules made under this Act. (2) In this Act "the State Government" means, in relation to any High Court, the State Government of the State in which the High Court has its principal seat.
View Complete Act List Judgments citing this section(1) For every High Court a Bar Council shall be constituted in the manner hereinafter provided. (2) Every Bar Council so constituted shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall by the name of the Bar Council of the High Court for which it has been constituted sue and be sued.
View Complete Act List Judgments citing this section.....period of ten years aforesaid shall be computed after taking into account the period for which the person concerned was entitled as of right to practise in the High Court of Bombay or of Saurashtra or in the Judicial Commissioner's Court of Kutch before the 1st day of May, 1960.] (3) Of the elected members of the Bar Councils to be constituted for the High Courts of Judicature at Fort William in Bengal and at Bombay such proportion as the High Court may direct in each case shall be persons who have, for such minimum period as the High Court may determine, been entitled to practise in the High Court in the exercise of its original jurisdiction, and such number as may be fixed by the High Court out of the said proportion shall be barristers of England or Ireland or members of the Faculty of Advocates in Scotland. (4) There shall be a Chairman and Vice-Chairman of each Bar Council elected by the Council in such manner as may be prescribed: PROVIDED that the Advocates-General of West Bengal, Madras Maharashtra and Gujarat shall be Chairmen ex officio, respectively, of the Bar Councils constituted for the High Courts of those States. __________________________ 1 ......
View Complete Act List Judgments citing this section(1) Notwithstanding anything contained in clause (c) of sub-section (1) of section 4, the elected members of the first Bar Council constituted under this Act for any High Court shall be elected by and from amongst the advocates, vakils and pleaders who are on the date of the election entitled as of right to practise in the High Court. (2) The terms of office of the nominated and elected members of any such first Bar Council shall be three years from the date of the first meeting of the Council.
View Complete Act List Judgments citing this sectionNotwithstanding anything contained in this Act, the Chief Justice of the High Court of Gujarat shall nominate the members of the first Bar Council under this Act for the High Court of Gujarat and the members so nominated shall remain in office for a period of twelve months.
View Complete Act List Judgments citing this section.....of business thereat; (e) the manner of election and the respective terms of office of the Chairman, in cases where the Chairman is to be elected, and of the Vice-Chairman; and (f) any matter incidental or ancillary to any of the foregoing matters. (2) The first rules under this section shall be made by the High Court, but the Bar Council may thereafter, with the previous sanction of the High Court, add to, amend or rescind any rules so made. (3) No election of a member or members to the Council shall be called in question on the ground that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date fixed for the election has, not less than thirty days before that date, been published in the Official Gazette of the State, or of each State, as the case may be, in which the High Court exercises jurisdiction. (4) Rules made under clause (b) of sub-section (1) may provide for the retirement of members from office by rotation and for the manner in which the order of such retirement shall be determined.
View Complete Act List Judgments citing this sectionThe Bar Council may make bye-laws consistent with this Act and any rules made there under to provide for any of the following matters, namely: -- (a) the appointment of such ministerial officers and servants as the Bar Council may deem necessary, and the pay and allowances and other conditions of service of such officers and servants; and (b) the appointment and constitution of Committees of the Council, the procedure of such Committees, and the determination of the powers or duties of the Council which may be delegated to such Committees.
View Complete Act List Judgments citing this section.....entitled as of right to practise in any High Court, unless his name is entered in the roll of the advocates of the High Court maintained under this Act: PROVIDED that nothing in this sub-section shall apply to any attorney of the High Court. (2) The High Court shall prepare and maintain a roll of advocates of the High Court in which shall be entered the names of-- (a) all persons who were, as advocates, vakils or pleaders, entitles as of right to practise in the High Court immediately before the date on which this section comes into force in respect thereof; and (b) all other persons who have been admitted to be advocates of the High Court under this Act: Provided that such persons shall have paid in respect of enrolment the stamp-duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and a fee, payable to the Bar Council, which shall be ten rupees in the case of the persons referred to in clause (a), and in other cases such amount as may be prescribed. (3) Entries in the roll shall be made in the order of seniority, and such seniority shall be determined as follows, namely: -- (a) all such persons as are referred to in clause (a) of sub-section (2).....
View Complete Act List Judgments citing this section.....for admission; (c) the giving of notice by the High Court to the Bar Council of all such applications; (d) the hearing by the High Court of any objection preferred on behalf of the Bar Council to the admission of any applicant; and (e) the charging of fees payable to the Bar Council in respect of enrolment. (3) Rules made under this section shall provide that no woman shall be disqualified for admission to be an advocate by reason only of her sex. (4) Nothing in this section or in any other provision of this Act shall be deemed to limit or in any way affect the powers of the High Courts of Judicature at Fort William in Bengal and at Bombay to prescribe the qualifications to be possessed by persons applying to practise in those High Courts respectively in the exercise of their original jurisdiction or the powers of those High Courts to grant or refuse, as they think fit, any such applications or to prescribe the conditions under which such person shall be entitled to practise or plead.
View Complete Act List Judgments citing this section