THE ADVOCATES ACT, 1961
ACT NO. 25 OF 1961
(25 of 1961) (19th May, 1961)
An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar.
BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:--
CHAPTER VI
RIGHT TO PRACTISE
29. Advocates to be the only recognised class of persons entitled
to practice law. |
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 practise the profession of law, namely, advocates. |
| 30. Right of advocates to practise. |
Subject to the provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practise throughout the territories to which this Act extends,--
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence; and
(iii) before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise. *19, 20 |
| 31. omitted; |
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| 32. Power of court to permit appearances in particular cases. |
Notwithstanding anything contained in this Chapter, any court, authority, or person may permit any person, not enrolled as an advocate under this Act, to appear before it or him in any particular case. |
| 33. Advocates alone entitled to practise. |
Except as otherwise provided in this Act or in any other law for the time being in force, no person shall, on or after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act. |
| 34. Power of High Courts to make rules. |
(1) The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the courts subordinate thereto. *21
(1A) The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto.
(2) Without prejudice to the provisions contained in subsection (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith. |
*19 Section 30 : Section 30 has not been brought into force. See Section 58. For other Sections not brought into force, see : Vol (1) 1972 JBCI : 125 to 127.
*20 Section 30 (ii) Zonal Manager LIC v. City Munsiff, Meerut : AIR 1968 All 270. Held : A person has no common law right under Section 30 to appoint a Counsel as his agent.
*21 Section 34 Harish Shmbhuprasad Desai v. Bar Council of Gujarat; Vol 3(1&2) 1974 JBCI 150 Electoral roll deleting names of advocates who did not comply with the questionnaire vitiated, in the absence of a rule of a State Bar Council approved by the Bar Council of India as it impairs right of franchise. |
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