A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.
On what grounds the name of advocate can be removed from the roll of advocates?
In case of any misrepresentation, fraud or undue influence, the name can be removed the rolls. In case of rejection, the applicant may appeal to the Supreme court or the High Court depending upon the Bar Association involved.
Under what circumstances an advocate may refuse to appear on behalf of the party?
may be made in this behalf by the Bar Council of India, be persons who have for at least ten years been advocates on a State roll, and in computing the said period of ten years in relation to any such person, there shall be included any period during which the person has been an advocate enrolled under the Indian Bar …
Under what conditions can an advocate be disqualified from practice?
(a) if he is convicted of an offence involving moral turpitude; (b) if he is convicted of an offence under the provisions of the Untouchability (Offences) Act, 1955; (c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
Where any order is made removing an advocate from practice his name shall be the state roll?
anywhere any order is made removing an advocate from practice, his name shall be struck off the State roll. (3) Where any advocate is suspended or removed from practice, the certificate granted to him under section 22, in respect of his enrolment shall be recalled.
Which act removed the distinction between barrister and advocate?
THE ADVOCATES ACT, 1961
It repeals the Indian Bar Council Act, 1926, the Legal Practitioners Act, 1879, in other laws under subject. The act has undergone several amendments since its enactment in 1961. The Act extends to the whole of India.
What are restrictions on senior advocate?
Restrictions on Senior Advocates
(b) (i) A Senior Advocate shall not appear without an Advocate on Record in the Supreme Court or without an Advocate in Part II of the State Roll in any court or Tribunal or before any person or other authorities mentioned in Section 30 of the Act.
When an advocate may refuse to accept a brief?
An Advocate is bound to accept any brief in the Courts or Tribunals or before any authority in or before which he professes to practise at a fee consistent with his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief. 12.
When can an advocate withdraw from serving his client as per the Bar Council of India rules?
12. An advocate shall not ordinarily withdraw from engagements, once accepted, without sufficient cause and unless reasonable and sufficient notices is given to the client. Upon his withdrawal from a case, he shall refund such part of the fee as has not been earned.
What are the rights of an advocate?
Rights of an Advocate
- Right to pre-audience.
- Right to practice the profession.
- Right to enter in any court.
- Right against arrest.
- Right to meet accused.
- Privileges to a lawyer under the Indian Evidence Act, 1872.
When can the Bar Council of India remove the name of an advocate from Roll?
A State Bar Council may remove from the State roll the name of any advocate who is dead or from whom a request has been received to that effect.]
Which of the following right of advocate is provided under the Advocates Act 1961 *?
Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practice the profession of law, namely, advocates.
Which of the following right of advocate is provided under the Advocates Act 1961?
In India, the law that governs advocates is the Advocates Act, 1961. An advocate has the ‘right to practice’ guaranteed by Article 19(1)(g) of the Indian Constitution and Section 30 of the Advocates Act.
What is professional misconduct of a lawyer?
In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends. … In other word an act which disqualifies an advocate to continue in legal profession.
What is the manner adopted by the State Bar Council for the disposal of application for admission as an advocate?
(1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) 1[and to any direction that may be given in writing by the State Bar Council in this behalf], such committee shall dispose of the application in the …
What do you mean by disqualification for Enrolment?
Any person applying for enrolment as an Advocate shall not be enrolled, if he is dismissed, retrenched, compulsorily retired, removed or otherwise relieved from Government service or from the service under the control of the Hon’ble High Courts or the Hon’ble Supreme Court on the charges of corruption or dishonesty …