Can a advocate practice anywhere in india
Manoj Sharma
(Querist) 16 August 2011
This query is : Resolved
Dear Sir
One of my past colleagues is registered on the roll of Bar Council of Rajashtan, can do the following acts in Maharashtra or anywhere in India:
1. Appear in High Court and all subordinate Court.
2. Be a partner in any firm or open his individual office.
3. Issue a public notice, title certificate and other legal notices on behalf of his clients.
Regards
Manoj Sharma
Sailesh Kumar Shah
(Expert) 16 August 2011
Advocates can practice in all courts
Now, lawyers can practise, as a matter of right, in all courts and forums, including tribunals or any quasi-judicial authority.Fifty years after the Advocates Act, 1961, came into force, the Centre has notified Section 30 of the Act — with effect from June 15 2011 — to enable advocates to practice anywhere. This provision was not notified when the Act was added to the statute book. As a result, in certain courts and tribunals, lawyers could appear only if they were permitted by the presiding officer.
For some strange reason, this Section 30 was not notified for the last fifty years. The Government has issued a notification last week appointing June 15 2011 as the date from which this section will come into force.
The long-pending demand of lawyers for notifying this Section was fulfilled, thanks to Union Law Minister Veerappa Moily’s initiative.
Section 30 says: “Subject to the provisions of this Act, every advocate shall be entitled as of right to practise throughout the territories to which this Act extends; in all courts including the Supreme Court; before any tribunal or person legally authorised to take evidence; and 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.”
In an interaction earlier this month with The Hindu, Mr. Moily said he would take immediate steps to get Section 30 notified.
The government issued the Gazette Notification on June 9. It said: “The Central government hereby appoints June 15, 2011 as the date on which Section of the Advocates Act shall come into force.”
Raja
(Expert) 05 January 2013
HIGH COURTs are having its own Rule of Practice framed under art.245, so you need to follow that only. An advocate can appear with a local advocate who is on-record in that court or state bar council. But Bombay HC has already adopted the Sec.30 changes and thereby has modified and added Annexure-VI, and now any advocate can appear before Bom_HC. But for instance, Calcutta High Court has not adopted such, therefore an advocate can appear with a local advocate on-record only.
Raja
(Expert) 05 January 2013
http://www.tilakmarg.com/forum/viewtopic.php?f=21&t=3
Raj Kumar Makkad
(Expert) 05 January 2013
I do appreciate Raja for adding more knowledge for all of us.
Raja
(Expert) 06 January 2013
but surprisingly none of the bar associations are allowing membership to advocates enrolled in other states. thereby advocates enrolled in other states cannot enjoy the privilege in other court(s). if so, then what is the effect of sec.30 notification of advocates act ? MORE interestingly Bar Council of India Rules 1975 (chapter-III) is yet to be changed, which says an advocate practicing in any court shall transfer enrollment within that state bar council within 6 months, failing which it will be treated as misconduct under the provisions of advocates act!!!! ....... Awaiting a sound reply from ld. members !!!
Guest
(Expert) 06 January 2013
Dear Raja,
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
The same discussion in going on under 3 separate threads on the same subject on LCI and views of all 3 participant experts are same so no need to repeat.
