ADVOCATES RIGHT OF PRACTICE
talklegaly
(Querist) 04 August 2011
This query is : Resolved
please clear on advocates right of practice with refrence to section 30 of advocates act / for example if an advocate is enrolled in bar council of punjab & haryana and wants to practise in district courts of delhi or delhi high court or supreme court of india, what an advocate need to do or not
R.Ramachandran
(Expert) 04 August 2011
There is no additional requirement. After the notification of Section 30 of the Advocates Act, 1961, you can jolly well go anywhere and appear.
hage nibo
(Expert) 04 August 2011
From where notification of Section 30 can be downloaded and well understood? I mean is there any gazette notification alike?
Raj Kumar Makkad
(Expert) 04 August 2011
30. Right of advocates to practise. Subject to the provisions of this Act, every advocate whose name is entered in the 1[ 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.
M/s. Y-not legal services
(Expert) 05 August 2011
yes am agree with mr.makkad sir.. and very recently we are permitted to practise any where in india..
Raja
(Expert) 05 January 2013
an advocate can appear along with an advocate who is on-record or on roll of that particular state bar council. under art.245 high court has its own rules, and all presidential courts in india do not allow to enter/file directly an advocate who is not on roll of that state bar council. so, the effect os sec.30 is....an advocate can appear as a "counsel" and not as an "advocate-on-record" in any court, which includes all high courts also. and with regard to apex court, under art.145 apex court can frame its own rule of practice and which says about AOR exam for apex court.
Raj Kumar Makkad
(Expert) 05 January 2013
Thanks Raja for providing more knowledge on the subject.
Raja
(Expert) 06 January 2013
i invite ld. members to enlighten us more ..
Guest
(Expert) 06 January 2013
Dear Shri Raja & other community members,
My views are as follows:
In view of the amended section 30 of the Advocates Act, the rules of individual State Bar Associations, which do not allow other state Bar's members, have become outdated and need to be amended without any delay.
A point of commonsense arises, when the Bar Associations have failed to modify their own rules in compliance with the provisions of law, how a common man can expect its members to follow the legal requirements in its right perspective?
If the office bearers of Bar Associations don't take any initiative at their own, the members of respective bar association need to take initiative to compel bar associations to amend their rules to follow the provisions of sec.30 in true sense.
If no initiative is taken by respective Bars or its members, the day will not be far off when even some of your own community bretheren would come forward to challenge the rules of state bar associations to be violative of Monopolies & Restrictive Trade Practices Act. If that happens, that would be a big blot and insult on the legal communities that would appear as to have flouted the law by even the law implementing machinery.
So, either there should be common All India rules to be followed by all the Bar Associations, or State Bar Associations should themselves allow multi Bar membership to the advocates of any state, or amend their own rules promptly in compliance with the provision of the Advocates Act, specifically the sec.30.
Raj Kumar Makkad
(Expert) 06 January 2013
I do agree with the opinion of Ld. Dhingra g.
