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Home Bare Acts Phrase: advocate generalAdvocate Act, 1961 Complete Act
Title: Advocate Act, 1961
State: Central
Year: 1961
.....Section37 - The Bar Council of India Section38 - Appeal to the Supreme Court Section39 - Application of sections 5 and 12 of the Indian Limitation Act Section40 - Stay of order Section41 - Alteration in roll of Advocates Section42 - Powers of disciplinary committee Section42A - Powers of Bar Council of India and other committees Section43 - Cost of proceedings before a disciplinary committee Section44 - Review of orders by disciplinary committee Chapter VI Section45 - Penalty for persons illegally practising in courts and before other authorities Section46 - Payment of part of enrolment fees to the Bar Council of India Section46A - Financial assistance to State Bar Council Section47 - Reciprocity Section48 - Indemnity against legal proceedings Section48A - Power of revision Section48AA - Review Section48B - Power to give directions Section49 - General power of the Bar Council of India to make rules Section49A - Power of Central Government to make rules Section50 - Repeal of certain enactments Section51 - Rule of construction Section52 - Saving Chapter VII Section53 - Elections to first State Bar Council Section54 - Term of office of members of first .....
List Judgments citing this sectionAdvocate Act, 1961 Section 20
Title: Special Provision for Enrolment of Certain Supreme Court Advocate
State: Central
Year: 1961
(1)Notwithstanding anything contained in this Chapter, every advocate who isentitled as of right to practice in the Supreme Court immediately before theappointed day and whose name is not entered in any State roll may, within theprescribed time, express his intention in the prescribed form to the Bar Councilof India for the entry of his name in the roll of a State Bar Council and onreceipt thereof the Bar Council of India shall direct that the name of suchadvocate shall, without payment of any fee, be entered in the roll of that StateBar Council, and the State Bar Council concerned shall comply with suchdirection. (2)Any entry in the State roll made in compliance with the direction of Bar Councilof India under sub-section (1)shall be made in the order of seniority determined in accordance with theprovisions of sub-section (30 of section 17. (3)Where an advocate referred to in sub-section (1) omits or fails to express hisintention within the prescribed time, his name shall be entered in the roll ofthe State Bar Council of Delhi.]
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 26
Title: Disposal of Application for Admission as an Advocate
State: Central
Year: 1961
.....made to it in this behalf or otherwise, that any person hasgot his name entered on the roll of advocates by misrepresentation asto an essential fact or by fraud or undue influence, remove the nameof such person from the roll of advocates after giving him anopportunity of being heard.] (2) Where the enrolment committee ofa State Bar Council proposes to refuse any such application, it shallrefer the application for opinion to the Bar Council of India andevery such reference shall be accompanied by a statement of thegrounds in support of the refusal of the application. (3) The enrolment committee of aState Bar Council shall dispose of any application referred to theBar Council of India under sub-section (2) in conformity withthe opinion of the Bar Council of India. 3 [(4)Where the enrolment committee of a State Bar Council has refused anyapplication for admission as an advocate on its roll, the State BarCouncil shall as soon as may be, send intimation to all other StateBar Councils about such refusal stating the name, address andqualification of the person whose application was refused and thegrounds for the refusal.] ______________________ 1. Inserted by Act 21 of.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 49
Title: General Power of the Bar Council of India to Make Rules
State: Central
Year: 1961
.....and the disqualifications for such membership; (ac) the time within which and the manner in which effect may be given to the proviso to sub-section (2) of section 3; (ad) the manner in which the name of any advocate may be prevented from being entered in more than one State roll; (ae) the manner in which the seniority among advocates may be determined; 3[(af) the minimum qualifications required for admission to a course of degree in law in any recognised University;] (ag) the class or category of persons entitled to be enrolled as advocates; (ah) the conditions subject to which an advocate shall have the right to practise and the circumstances under which a person shall be deemed to practise as an advocate in a court;] (b) the form in which an application shall be made for the transfer of the name of an advocate from one State roll to another; (c) the standards of professional conduct and etiquette to be observed by advocates; (d) the standards of legal education to be observed by Universities in India and the inspection of Universities for that purpose; (e) the foreign qualifications in law obtained by persons other than citizens of India which shall.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Chapter III
Title: Admission and Enrolment of Advocates
State: Central
Year: 1961
.....made to it in this behalf or otherwise, that any person hasgot his name entered on the roll of advocates by misrepresentation asto an essential fact or by fraud or undue influence, remove the nameof such person from the roll of advocates after giving him anopportunity of being heard.] (2) Where the enrolment committee ofa State Bar Council proposes to refuse any such application, it shallrefer the application for opinion to the Bar Council of India andevery such reference shall be accompanied by a statement of thegrounds in support of the refusal of the application. (3) The enrolment committee of aState Bar Council shall dispose of any application referred to theBar Council of India under sub-section (2) in conformity withthe opinion of the Bar Council of India. 3 [(4)Where the enrolment committee of a State Bar Council has refused anyapplication for admission as an advocate on its roll, the State BarCouncil shall as soon as may be, send intimation to all other StateBar Councils about such refusal stating the name, address andqualification of the person whose application was refused and thegrounds for the refusal.] ______________________ 1. Inserted by Act 21 of.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Chapter V
Title: Conduct of Advocates
State: Central
Year: 1961
.....the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. 3[ Explanation.-In this section, 4[ section 37 and section 38 ] the expression "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India ]. ________________________ 1. Sub-section (1-A) inserted by Act 60 of 1973, section 24. 2. Certain words omitted by Act 601 of 1973, section 24. 3. Inserted by Act 21 of 1964, section 17. 4. Inserted by Act 60 of 1973, section 24. Section 36 - Disciplinary powers of Bar Council of India (1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate 1[ *** ] whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. (2) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Bar Council of India may, 2[ either of its own motion or on a report by any State Bar Council or an application made to it by any person interested ],.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Chapter XVIII
Title: Judge Advocate General of the Navy and Officers of His Department
State: Central
Year: 1957
.....he has held judicial office in any area which was comprised before the 15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be; (c) the expression "judicial office" shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act. ________________________ 1. Inserted by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 17 (16-12-1974). Section 169 - Functions of the Judge Advocate General of the Navy It shall be the duty of the Judge Advocate General of the Navy to perform such duties of a legal and judicial character pertaining to the Indian Navy as may from time to time be referred or assigned to him by the Central Government or the Chief of the Naval Staff, and to discharge the functions conferred on him by or under this Act or any other law for the time.....
View Complete Act List Judgments citing this sectionNavy Act, 1957 Section 168
Title: Appointment of the Judge Advocate General of the Nevy and His Subordinate Officers
State: Central
Year: 1957
.....the period during which a person has held judicial office in the territory of India or been an advocate of a High Court, there shall be included any period before the commencement of the Constitution during which he has held judicial office in any area which was comprised before the 15th day of August, 1947, within India as defined in the Government of India Act, 1935, or has practised as an advocate of any High Court in any such area as the case may be; (c) the expression "judicial office" shall be deemed to include the office of the Judge Advocate of the Fleet or any of his deputies or assistants and any other legal or judicial office in the department of the Judge Advocate of the Fleet held before the commencement of this Act, and the office of the Judge Advocate General of the Navy or of a judge advocate held after the commencement of this Act. ________________________ 1. Inserted by the Navy (Amdt.) Act, 1974 (53 of 1974), Section 17 (16-12-1974).
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 35
Title: Punishment of Advocates for Misconduct
State: Central
Year: 1961
.....practice under clause (c) of sub- section (3), he shall, during the period of suspension, be debarred from practising in any court or before any authority or person in India. (5) Where any notice is issued to the Advocate- General under sub- section (2) , the Advocate- General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf. 3[ Explanation.-In this section, 4[ section 37 and section 38 ] the expression "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India ]. ________________________ 1. Sub-section (1-A) inserted by Act 60 of 1973, section 24. 2. Certain words omitted by Act 601 of 1973, section 24. 3. Inserted by Act 21 of 1964, section 17. 4. Inserted by Act 60 of 1973, section 24.
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Chapter VII
Title: Temporary "andtransitional" Provisions
State: Central
Year: 1961
.....than the Bar Council of Delhi, means the Bar Council for the High Court in the territory for which the State Bar Council is constituted under this Act. Section 57 - Power to make rules pending the constitution of a Bar Council Until aBar Council is constituted under this Act, the power of that BarCouncil to make rules under this Act shall be exercised- (a) in the case of theBar Council of India, by the Supreme Court; (b) in thecase of a State Bar Council, by the High Court. Section 58 - Special provisions during the transitional period 1 [58.Special provisions during the transitional period.- (1) Where a State BarCouncil has not been constituted under this Act or where a State BarCouncil so constituted is unable to perform its functions by reasonof any order of a court or otherwise, the functions of the BarCouncil or any Committee thereof, in so far as they relate to theadmission and enrolment of advocates, shall be performed by the HighCourt in accordance with the provisions of this Act. (2) Until Chapter IVcomes into force, a State Bar Council or a High Court performing thefunctions of a State Bar Council may enroll any person to be anadvocate on a State roll,.....
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