Can an under trial in a civil (lower) court apply for enrollment as a lawyer?

Querist : Anonymous (Querist) 27 December 2011 This query is : Resolved
Can an under trial in a lower apply for enrollment as a lawyer if he completed his L.L.B.? Where r the Bar Council rules mentioned about this?

Can a convicted by a lower court apply for enrollment as a lawyer if he completed his L.L.B.?

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adv. rajeev ( rajoo ) (Expert) 27 December 2011
If he is convicted in my opinion he cannot

Shailesh Kumar Shah (Expert) 27 December 2011
Yes, he can apply subject to following Provisions:-

24A. Disqualification for enrolment.—(1) No person shall be admitted as an advocate on a State roll—
(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 (22 of 1955);
(c) if he is dismissed or removed from employment or office under the State on any charge involving moral turpitude.
Explanation.—In this clause, the expression “State” shall have the meaning assigned to it under Article 12 of the Constitution:]
Provided that the disqualification for enrolment as aforesaid shall cease to have effect after a period of two years has elapsed since his release or dismissal or, as the case may be, removal.
(2) Nothing contained in sub-section (1) shall apply to a person who having been found guilty is dealt with under the provisions of the Probation of Offenders Act, 1958.

bhupender sharma (Expert) 27 December 2011
whether the offence falls with in the definition of moral terpitude or not. u may apply for enrolment it is up to them to consider or not.

prabhakar singh (Expert) 27 December 2011
Expert : Shailesh Kr. Shah has again hit the ball in goal.

Murughendra (Expert) 27 December 2011
I agree with Shailesh Kr. Shah.

Deepak Nair (Expert) 27 December 2011
Rightly advised by Mr. Shailesh

Shonee Kapoor (Expert) 27 December 2011
Nothing more to add.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

N.K.Assumi Online

(Expert) 27 December 2011
Yes, correct statements of law under the Advocates Act.

Devajyoti Barman (Expert) 27 December 2011
Yes rightly advised and nothing to add more.

Querist : Anonymous (Querist) 29 December 2011
Rajeev's answer is mostly wrong. He should post his opinion if don't know about the matter. Its an expert page. Not a general opinion page

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