can an advocate practice in other state?
Kamlesh soni
(Querist) 27 May 2009
This query is : Resolved
Sir I m law graduate from gujarat university. I m a member of bar council of gujarat and practice at mehsana district court. Now i want to settle in mumbai, Can I work there as an advocate?, please give me the idea,can practice as individual?
Sarvesh Kumar Sharma Advocate
(Expert) 27 May 2009
yes,you can prectice in all over of indian courts.
first surrender your local bar association member ship and take member ship to that bar asso. where now you want to prctice.and the secretory of that bar asso.wiill inform such state council about your registraton. or you can directly enroled to the state council list.every one can be prectics alone.you also.
A. A. JOSE
(Expert) 27 May 2009
I think , perhaps,transfer of registration from one State Bar to another State Bar would also be possible by approaching the Bar Council of India. However, let us await further comments from experts on this aspect also.
Uma parameswaran
(Expert) 27 May 2009
To practice as independent lawyer you needs to change your Bar council membership.I think many lawyers are conducting cases in neighbouring state with out changing the membership. As to work as a full time lawyer you need to change your membership.
SANJAY DIXIT
(Expert) 27 May 2009
You may apply at Bar Council of India for transfer of your registration from Gujarat to Maharashtra Bar Council. After transfer process you may get the registration number of Maharashtra Bar Council and you may very well do practice as an individual advocate in Mumbai. You may also take the membership of local Bar Associations after getting registered in Maharashtra Bar Council.
B.B.R.Goud.
(Expert) 01 June 2009
Yes. Certainly you can practice in any high court in India, with the intimation and transfer of membership in bar council of the state.
A V Vishal
(Expert) 02 June 2009
Dear Soni
I have reproduced the BCI rules for easy reference along with the relevant formats of application.
Chapter-III
Transfer of name from one State Roll to another State Roll
[Rules under Section 18 and 49 (1) (b) of the Act]
1. Any person whose name is entered on any State Roll may make an application to the Council for transfer under Section 18 of the Act in Form ‘C’ in this Chapter. The application shall be accompanied by (i) a certified copy of the entry in the State Roll relating to the applicant and (ii) a certificate from the State Council stating that his certificate of enrolment has not been recalled, that the applicant is entitled to practise on the date of his application, that there are no disciplinary proceedings pending against the applicant and that it has no objection to the transfer being ordered.
On receipt of an application for transfer, the Secretary shall enquire from the State Council concerned whether they have any objections to the transfer being granted, and he shall thereafter place the papers for disposal before the Council or a Committee constituted for the purpose. If the Committee consider that the application shall be refused, the matter should be referred to the Council for orders.
1A. On receipt of an application for transfer, the “transferor” Bar Council shall transmit the entire records relating to the enrolment of the advocate who is seeking a transfer, to the Bar Council of India together with original of the application for enrolment, retaining an authenticated copy of the documents with the “transferor” Bar Council 1.
2. (1) The order of the Council on the application for transfer shall ordinarily be in Form-D in the annexure to this Chapter.
(2) The applicant for transfer shall be informed about the order on his application.
(3) On receipt of a communication from the Bar Council of India of an order for transfer:-
(a) it shall be the duty of the advocate who has applied for transfer to produce the certificate of enrolment issued to him under Section 22 of the Act for endorsement in Form D-1 in this Chapter to the State Council on the roll of which his name appears. The said State Council shall as expeditiously as possible after the endorsement and the necessary entries in its roll transmit the certificate to the State Council to which the name of the Advocate is directed to be transferred;
(b) on receipt of the certificate endorsed as aforesaid the Secretary of the latter State Council shall make a further endorsement thereon in Form D-2 in this Chapter;
(c) on such endorsement being made and the other formalities, if any, required by law being complied with the transfer shall be deemed to take effect from the date of the direction of the Bar Council of India under Section 18 of the Act.
(d) After the application has been allowed by the Bar Council of India, the Bar Council of India shall transmit the original records received from the “transferor” Bar Council to the “transferee” Bar Council and in the event of the application for transfer is rejected for any reason, shall be transmitted to the “transferor” Bar Council 2.
(4) A Copy of the Order on the applications for transfer made by the Council shall be put up on the Notice Board of the State Councils concerned.
From
..........................................................
..........................................................
..........................................................
To
The Secretary
Bar Council of India
New Delhi.
Sir
1. I request the transfer of name from the roll of the Bar Council of ................................... to the roll of the Bar Council of ..................... under Section 18 of the Act for the reasons set out by me in this application.
2. I was enrolled in the Bar Council of ...........................on .......................
3. My name is entered on t
