Compulsory membership in bar association
narasimham pv
(Querist) 15 March 2014
This query is : Resolved
My wife is an advocate in Orissa High Court
practiced for 5 years. Presently she is staying at Vizag from 2009.
My question is;
Is it compulsory to enroll a member in Bar Association to take up the cases of AP matters civil. Is it compulsory to get it membership transfer to AP Vizag within six months after filing VAKALATNAMA
Devajyoti Barman
(Expert) 15 March 2014
Yes, she will have to apply for membership of AP BAR Council by surrendering the membership of Odhisa Bar membership.
Dr J C Vashista
(Expert) 15 March 2014
It is not compulsory to enroll a member in Bar Association but it would be necessary to transfer her Bar Council membership to take up the cases in AP High Court within a reasonable time.
ajay sethi
(Expert) 15 March 2014
cross check with AP Bar council .
R.K Nanda
(Expert) 15 March 2014
become AP bar council member.
Rajendra K Goyal
(Expert) 15 March 2014
A news item taken from net is reproduced:
Sunday, 05 June 2011, 14:01 Bar, Bench & Litigation:
Indian lawyers will be able to practice in all courts and tribunals across India irrespective of which bar council they are enrolled in, after law minister Veerappa Moily said he would notify long-pending section 30 of the Advocates Act 1961.
Section 30 of the Advocate Act states:
Subject to 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.
Source:
http://www.legallyindia.com/201106052137/Bar-Bench-Litigation/breaking-indian-advocates-can-practice-in-every-indian-court-within-a-week
Dr J C Vashista
(Expert) 15 March 2014
The author has posted this query to seek advise on his question that "Is it compulsory to enroll a member in Bar Association..." which donot attract provisions of Section 30 of the Advocates Act.
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
I agree with Mr. Rajendra K Goyal. Further, it is not compulsory to register in any bar association to practice in the court where the said association is situated. Once enrolled as an advocate, he or she can practice anywhere as expressed in the above quote u/s 30 of the act.
Rajendra K Goyal
(Expert) 17 March 2014
Learned expert Dr J C Vashista ji,
She is practicing since 5 years in Orrisa High Court and now want to shift to AP. It means she is already registered as Advocate.
Though it is not necessary to get registration transferred, but it is advisable if planning to shift permanently.
Dr J C Vashista
(Expert) 18 March 2014
Dear Ld. expert Rajendra K Goyal,
I fully agree with you that the author is already registered as an advocate in Orissa Bar Council for the last 5 years and wanted to shift and practise in Andhra which is not compulsory to transfer while she has shifted for some time, otherwise, if she wanted to stay permanently it would be better to get her registration transferred in AP Bar Council.
However, the query related to "Is it compulsory to enroll a member in Bar Association..." which is not mandatory.
