Practice of law
SAMAR KHUSROO
(Querist) 13 October 2011
This query is : Resolved
I WANT TO KNOW WHETHER A LAWYER IN INDIA CAN PRACTICE ANYWHERE IN INDIA IRRESPECTIVE OF HIS BEING ENROLLED IN A PARTICULAR STATE BAR COUNCIL OF ANY BAR ASSOCIATION OF A COURT OR ANY OTHER FORUM....THANK YOU.
SAMAR KHUSROO
STUDENT OF LAW
Sailesh Kumar Shah
(Expert) 13 October 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.”
Source:http://lawyersclubindia.com/forum/Advocates-can-practice-in-all-courts-38926.asp
Raj Kumar Makkad
(Expert) 13 October 2011
Every advocate is entitled has a right to practice throughout India viz. in all courts including the Supreme Court, before any tribunal or person legally authorized 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 is entitled to practice.
SAMAR KHUSROO
(Querist) 13 October 2011
SO THAT MEANS ONCE I START PRACTICING AS A LAWYER I WILL BE ABLE TO STAND ANY COURT OF INDIA....RITE...WELL THANK YOU SO MUCH.
Shonee Kapoor
(Expert) 13 October 2011
Well advised by experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ahmed Daud Girach
(Expert) 14 October 2011
Will that mean that S.30 override the provisions of Industrial Disputes Act where by Advocate can appear only and only if the workman gives consent and court approves it?
