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Start Free TrialAdvocate 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 Complete Act
Title: Advocate Act, 1961
State: Central
Year: 1961
..... Section11 - Staff of Bar Council Section12 - Accounts and audit Section13 - Vacancies in Bar Councils and committees thereof not to invalidate action taken Section14 - Election to Bar Councils not to be questioned on certain grounds Section15 - Power to make rules Chapter III Section16 - Senior and other advocates Section17 - State Bar Councils to maintain roll of advocates Section18 - Transfer of name from one State roll to another Section19 - State Bar Councils to send copies of rolls of advocates to the Bar Council of India Section20 - Special provision for enrolment of certain supreme court advocate Section21 - Disputes regarding seniority Section22 - Certificate of enrolment Section23 - Right of pre-audience Section24 - Persons who may be admitted as advocates on a state roll Section24A - Disqualification for enrolment Section25 - Authority to whom applications for enrolment may be made Section26 - Disposal of application for admission as an Advocate Section26A - Power to remove names from roll Section27 - Application once refused not to be entertained by another Bar Council except in certain circumstances Section28 - Power to make rules Chapter IV.....
List Judgments citing this sectionAdvocate Act, 1961 Chapter III
Title: Admission and Enrolment of Advocates
State: Central
Year: 1961
.....prescribed time". 2. Substitutedby Act 21 of 1964, section 9, for the words "and, suchseniority shall be determined". 3. Clause(c) omitted by Act 60 of 1973, section 14. 4. Insertedby Act 47 of 1980, section 2. Section 18 - Transfer of name from one State roll to another (1) Notwithstanding anything contained in section 17, any person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form to the Bar Council of India for the transfer of his name from the roll of that State Bar Council to the roll of any other State Bar Council and, on receipt of any such application, the Bar Council of India shall direct that the name of such person shall, without the payment of any fee, be removed from the roll of the first mentioned State Bar Council and entered in the roll of the other State Bar Council and the State Bar Councils concerned shall comply with such direction. 1[Provided that where any such application for transfer is made by a person against whom any disciplinary proceeding is pending or where for any other reason it appears to the Bar Council of India that the application for transfer has not been.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Chapter VII
Title: Temporary "andtransitional" Provisions
State: Central
Year: 1961
.....the date onwhich Chapter IV comes into force (herein-after in thissection referred to as the said date) by virtue of the provisions ofthe Legal Practitioners Act, 1879, (18 of 1879) the Bombay PleadersAct, 1920, (Bombay Act 17 of 1920) or any other law who does notelect to be, or is not qualified to be, enrolled as an advocate underthis Act; 1 [***] 2 [(c)everymukhtar practising as such immediately before the said date by virtueof the provisions of the Legal Practitioners Act, 1879, (18 of 1879)or any other law who does not elect to be, or is not qualified to be,enrolled as an advocate under this Act; (d) every revenue agent practisingas such immediately before the said date by virtue of the provisionsof the Legal Practitioners Act, 1879, (18 of 1879) or any other law]; shall,notwithstanding the repeal by this Act of the relevant provisions ofthe Legal Practitioners Act, 1879, (18 of 1879), the Bombay PleadersAct, 1920, (Bombay Act 17 of 1920) or other law, continue to enjoythe same rights as respects practice in any court or revenue officeor before any authority or person and be subject to the disciplinaryjurisdiction of the same authority which he enjoyed or, as the.....
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 VI
Title: Miscellaneous
State: Central
Year: 1961
..... (2) On the date onwhich Chapter III comes into force, the following shall standrepealed, namely:- (a) sections 6, 7, 18and 37 o the Legal Practitioners Act, 1879, (18 of 1879) and so muchf sections 8, 9, 16, 17, 19 and 41 of that Act as relate to theadmission and enrolment of legal practitioners; (b) sections 3, 4 and 6of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920); (c) so much of section8 of the Indian Bar Councils Act, 1926, (38 of 1926) as relates tothe admission and enrolment of legal practitioners; (d) theprovisions of the Letters Patent of any High Court and of any otherlaw in so far a They relate to the admission and enrolment of legalpractitioners. (3) On thedate on which Chapter IV comes into force, the following shall standrepealed, namely:- (a) sections 4, 5, 10and 20 of the Legal Practitioners Act, 1879, (18 of 1879) and so muchof sections 8, 9, 19 and 41 of that Act as confer on legalpractitioners the right to practise in any court or before anyauthority or person; (b) sections 5, 7, 8and 9 of the Bombay Pleaders Act, 1920 (Bombay Act 17 of 1920); (c) section 14 of theIndian Bar Councils Act, 1926, (38 of 1926) and so much of sections.....
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