Satyaprakash Sharma (Advocate & Legal Consultant) 22 June 2011

Advocates Act - S.30 - Right to practice

Since, Section 30 of the Advocates Act is now notified, by virtue of which, an Advocate may practice in any court in India and also before any authority or person who is authorised to take evidence.

We are all aware that for practice in supreme court (i.e. to file vakalatnama), one need to be enrolled as Advocate-on-Record (AOR) of supreme court. One of the condition for enrolment is that Advocate shall have office within periphery of certain distance from the supreme court. There are similar conditions for practice in original side original sides of certain High Courts e.g. Bombay High Court.

Whether notification of Section 30 will takeaway there restrictions on practice?

Similarly, as per Family Courts Act, no Advocate can appear and represent the party before it, as a matter of right.

Will subsequent notification of Section 30 will entitle an Advocate to appear before the family court as a matter of right?

Learned opinions of fellow members on forum is highly appreciated.

Thanx in advance.

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12 Replies

pratik (self working) 22 June 2011

the recent forum say it will not override famil court act as it is a special act & advocat act, 1961 is a general act.

sir u also said that ***************There are similar conditions for practice in original side original sides of certain High Courts e.g. Bombay High Court. ********** sir can u give me the link or the information.

Thanks.

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(Guest)

interesting thread, thanks

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 22 June 2011

Dear Querist,

Plesae note that I had posted a thread on similar topic for all Ld. members which is below:

For benefits of all:

Dear All,

I am told that a Notification has been issued by the Law Ministry to the effect that from 15.6.2011, lawyers will be able to practise in courts across the country irrespective of their enrollment in any bar council without the need to transfer licence to their desired States by virtue of Section 30 of the Advocates Act of 1961 having been notifie.

According to said Notification, Section 30 of the Act will come into force on 15 June, 2011.

However, I am o fthe view that popular hope that every advocate shall be entitled to practice by virtue of the said Notification in the hon'ble Supreme Court is right since its his/her practice that is exercised by way of rights enshrined in the Constitution of India and also Advocates Act. However, there is widespread misconception that they can also act and plead on behalf of a party as matter right in the Supreme Court. This is not correct. A look may be given into AIR 1964 SC 855 / 1964 SCR (6) 229 in the matter of: In re: Lily Isabel Thomas decided on 14.01.1964. Please see attachment.

Trust this would suffice.

Rabin Majumder
Advocate-on-Record

Supreme Court of India

New Delhi

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Attached File : 18470_187836_39_in_re_lily_isabel_thomas_aor_case_sc_1964.doc downloaded 47 times

Satyaprakash Sharma (Advocate & Legal Consultant) 22 June 2011

Pratik,

For your query, please refer Bombay High Court (Original Side) Rule. Same is also available at following link:

https://bombayhighcourt.nic.in/libweb/OSrules/The%20Bombay%20High%20Court%20%28Original%20Side%29%20Rules.html#I

N.K.Jeet (Chairman) 11 August 2011

Can some learned friend provide me a copy of the Notification issued regarding S.30 of the Advocates Act, making it applicable w.e.f. 15.6.2011.

N.K.JEET Advocate Bathinda

E-Mail: nkjeetbti@gmail.com

jagadish paranjape (Advocate) 16 February 2012

Advocates Act 1961 was enected in 1961,when I.D.Act 1947 was in existence.That means that while enacting Advocates Act legislature was aware of existence of Sec 36 of the I.D.Act. Therefore if Sec 36 of I.D.Act was to over ride sec.30 of Advocates Act, nothing prevented legeslature from carving out an exception io Sec 30 of Advocates Act.

Since sec. 30 of the Advocates Act was not effective pending notification of sec 30 of Advocates Act,Sec 36 of the I.D.Act held the field. Sec. 36 of I.D. Act was found to be unequitable by the courts.

It is arguable that Advocates Act is special Act ,as far as the law relating to advocacy is concerned.

In my openion after sec 30 of Advocates Act being effective,adverse conditions against advocates are invalid.

GOYAL PRADEEP (advocate) 03 May 2012

RESP SIR.

MAY I KNOW THE PROCEDURE TO ENROLL AS AN ADVOCATE IN DELHI & INDIA.

I PASSED MY LLB.FROM D.U. IN 1976.THEREAFTER WAS A BANKER FOR 35 YRS.

PL GUIDE.SHALL BE OBLIGED.

REGARDS.

PRADEEP GOYAL.

M-09810721412.

Raja (XYZ) 04 January 2013

Supreme Court can frame its own rule for practice and procedure under article 145, which prevails sec.30 of advocates act. So, one cannot avoid AOR exam for Supreme Court. But this rule is not applicalbe in High Courts and in other courts, as High Court rules come following Central Act.

Now, the question is, by this notification, whether the Advocates can file an application or petition etc. directly to any court (excluding apex court) in any State in India?

jshalashetti@yahoo.co.in (proprietor) 13 February 2013

whether whole of Advocates Act 1961 is in force?

Pradeep Rao (civil criminal consumer family.) 13 September 2015

Recently Kerala high court held since coming into force of section 30 of advocates act section 13 of family courts act impliedly repealed as bothe are central statutes

Pradeep Rao (civil criminal consumer family.) 13 September 2015

Recently Kerala high court held since coming into force of section 30 of advocates act section 13 of family courts act impliedly repealed as bothe are central statutes