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Start Free TrialAdvocate 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 Section 58A
Title: Special Provisions with Respect to Certain Advocates
State: Central
Year: 1961
.....Court merely by reason of the non-payment of the fee payable to the Bar Council of the said High Court shall, for the purposes of clause (a) of sub-section (1) of section 17 be deemed to be persons who were entered as advocates on the roll of the said High Court under the Indian Bar Councils Act, 1926 and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Andhra Pradesh or of Maharashtra. (3) Notwithstanding anything contained in this Act, all advocates, who, immediately before the 1stDay of May, 1960, were entitled to practise in the High Court of Bombay and who applied to get names entered on the roll of advocates of the High Court of Gujarat under the provisions of section 8 of the Indian Bar Councils Act, 1926 but whose names were not so entered by reason of the repeal of the said provision shall, for the purposes of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of the High Court of Gujarat under the said Act and every such person may, on an application being made in this behalf, be admitted as an advocate on the State roll of Gujarat. (4).....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 58AB
Title: Special Provisions with Respect to Certain Persons Enrolled by Mysore State Bar Council
State: Central
Year: 1961
.....the profession of law (whether by way of pleading or acting or both): Provided that where any such person has been elected to be enrolled as an advocate on the roll of any other State Bar Council, his name shall be deemed to have been struck off the roll of the State Bar Council, of Mysore from the date he was enrolled by the other State Bar Council: Provided further that the seniority of such person, whether his name is borne on the State roll of the State Bar Council of Mysore, or on the State roll of any other Bar Council, shall, for the purposes of clause (d) of sub-section (3) of section 17, be determined by reckoning the 16thday of May, 1964, as the date of admission. ] ________________________ 1. Inserted by Act 33 of 1968, section 3.
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 58AC
Title: Special Provisions with Respect to Certain Persons Enrolled by Uttar Pradesh State Bar Council
State: Central
Year: 1961
1[58AC. Special provisions with respect to certain persons enrolled by Uttar Pradesh State Bar Council. - Notwithstanding anything contained in this Act or any judgment, decree or order of any court, every person who was enrolled as an advocate by the High Court during the period beginning with the 2ndday of January, 1962 and ending on the 25thday of May, 1962 and was subsequently admitted as an advocate on the State roll by the State Bar Council of Uttar Pradesh shall be deemed to have been validly admitted as an advocate on that State roll from the date of his enrolment by the High Court and accordingly entitled to practise the profession of law (whether by way of pleading or acting or both). ________________________ 1. Sections 58AC, 58AD, 58Ae and 58AF inserted by Act 60 of 1973, section 40.
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 58B
Title: Special Provisions Relating to Certain Disciplinary Proceedings
State: Central
Year: 1961
.....to the Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c ) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the Court has received the finding of a Tribunal constituted under Section 11 of the Indian Bar Council Act, 1926, the High Court shall dispose of the case and it shall be lawful for the High Court to exercise for the purpose all powers all powers conferred on it under section 12 of the said Act as if that section has not been repealed: Provided further that where the High Court has referred back any case for further inquiry under sub-section (4) if Section 12 of the said Act, the proceeding shall stand transferred to the State Bar Council in relation to the High Court as if it were proceeding before a corresponding Bar Council under clause (c ) of sub-section (1) of section 56. (3) If immediately before the said date there is any proceeding in respect of any disciplinary matter pending in relation to any pleader, vakil, mukhtar or attorney, who has been enrolled as an advocate on any State roll under the Act, such proceeding shall stand.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 58
Title: Special Provisions During the Transitional Period
State: Central
Year: 1961
.....the rule, made by theSupreme Court in this behalf. (4)Notwithstanding the repeal by sub-section (2) of section 50 of theprovisions of the Legal Practitioners Act, 1879, or of the BombayPleaders Act, 1920, 2 [or of any other law relating to theadmission and enrolment of legal practitioners the provisions of theActs, and law aforesaid and any rules made thereunder in so far asthey relate to 3 [ the renewalor the issue by way of renewal] of a certificate to a legalpractitioner authorizing him to practise shall have effect untilChapter IV comes into force and, accordingly, every certificateissued or renewed to legal practitioner (who is not enrolled as anadvocate under this Act which is or purports to be issued or renewedunder the provisions of either of the aforesaid Acts [orof the other law] during the periodbeginning with the 1st day of December, 1961 and endingwith the date on which Chapter IV comes into force, shall be deemedto have veen validly issued or renewed]. ________________________ 1. Insertedby Act 14 of 1962, section 4 and shall be deemed to have always beeninserted. 2. Substitutedby Act 32 of 1962, section 3 and shall be deemed always to have beenso.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 58AA
Title: Special Provisions in Relation to the Union Territory of Pondicherry
State: Central
Year: 1961
.....Union territory or who would have been so entitled has they not been in public service on the said date, shall for the purposes of clause (a) of sub-section (1) of Section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926, and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of Madras, be admitted as an advocate on the State roll maintained in the respect of the said Union territory. (2) Notwithstanding anything contained in this Act, every person, who immediately before the date on which the provisions of Chapter Iv are brought into force in the Union territory of Pondicherry, was practicing the profession of law (whether by way of pleading or acting or both or in any other way) by virtue of the provisions of any law in force in the said Union territory, who does not elected to be or is not qualified to be, enrolled as an advocate under sub-section (1), shall, notwithstanding the repeal of the relevant provisions of such law by the Pondicheery (Extension of Laws) Act, 1968, continue to enjoy the same rights as respects in any court or.....
View Complete Act List Judgments citing this sectionAdvocate Act, 1961 Section 58AF
Title: Special Provisions in Relation to Jammu and Kashmir
State: Central
Year: 1961
.....of that State, or who would have been so entitled had they not been in public service on the said date, shall for the purpose of clause (a) of sub-section (1) of section 17, be deemed to be persons who were entered as advocates on the roll of a High Court under the Indian Bar Councils Act, 1926, and every such person may, on an application made in this behalf within such time as may be specified by the Bar Council of India, be admitted as an advocate on the State roll maintained in respect of the said State. (2) Notwithstanding anything contained in this Act, every person who, immediately before the date on which the provisions of Chapter III are brought into force in the State of Jammu and Kashmir, was entitled otherwise than an advocate to practise the profession of law (whether by way of pleading or acting or both) by virtue of the provisions of any law in force in the said State, or who would have been so entitled had he not been in public service on the said date, may be admitted as an advocate on the State roll maintained in respect of the said State, if he- (i) makes an application for such enrolment in accordance with the provisions of this Act; and (ii) fulfills.....
View Complete Act 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 58AG
Title: Special Provisions in Relation to Articled Clerks
State: Central
Year: 1961
.....commenced his articleship and passed the Preliminary examination, for the purpose of enrolment as an attorney of the High Court at Calcutta in accordance with the rules made under sub-section (2) of Section 34 before the omission of that sub-section by the Advocates (Amendment) Act 1976, (107 of 1976), may be admitted as an advocate on the State roll if he- (i) passes, on or before the 31stday of December, 1980- (a) the Final examination in a case where such person has before the 31stday of December, 1976, passed the Intermediate examination. (b) the Intermediate and the Final examinations in any other case. Explanation.- For the purpose of this clause, the High Court at Calcutta may prescribe such rules as may be necessary under sub-section (2) of Section 34, specifying the nature of the examination and any other matter relating thereto: (ii) makes an application for such enrolment in accordance with the provisions of this Act; and (iii) fulfills the conditions specified in clauses (a), (b), (e) and (f) of sub-section (1) of Section 24 ]. ________________________ 1. Section 58AG inserted by Act 38 of 1977, section 7.
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