REGARDING PRACTICE
Hanumandhan.R
(Querist) 17 October 2010
This query is : Resolved
Dear Sir
I need a clarification regarding practice of two profession at same time is permissible or not. I have completed Law graduation as well as CA, whether can I practice both profession or not. If it is possible what is the procedure. Please give your opinion in this regard
Thanks & regards
R.hanuamandhan
R.Ramachandran
(Expert) 17 October 2010
No, one can practice only one profession at the time.
Arvind Singh Chauhan
(Expert) 17 October 2010
I am not sure about other professions. But Advocate can not practice other profession, except being a sleeping partner of a business or company.
Khaleel Ahmed Mohammed
(Expert) 17 October 2010
Advocates are not entitle to join any paid job and simultaneously advocate can not practice other profession.
Parthasarathi Loganathan
(Expert) 17 October 2010
Can Advocates earn salary by virtue of being a MLA or a MP or a Minister? Is there any restrictions imposed by BCI or Advocates' Act. Please elucidate.
Chetan Pichamuthu
(Expert) 17 October 2010
To Start praticing, one needs to enroll in respective Bar council....As already elobrated by other senior's Advocate Act does not permit holding Salaried job, in such an instance- One needs to surrender membership.
Just Offline, since u have completed both LLB & CA, whats stoping u from completing Company Sect. course... Its would be the best career option
G. ARAVINTHAN
(Expert) 18 October 2010
Under Advocates Act, there is a restriction for Advocates to do other job/profession other than Politics
Arvind Singh Chauhan
(Expert) 18 October 2010
I am also waiting the answer of Parthasarathi Loganathan Sir's question. Members please answer.
pawan sharma
(Expert) 18 October 2010
Advocates are not entitle to join full time paid salary work but he can join part time work, while the Law officers of the center or the states are exempted.
I my view you can jion the company in part, time not full time salary.
R.Ramachandran
(Expert) 18 October 2010
The Advocates Act/Rules thereunder only say that The Advocates should not be in full time or part time service and should not indulge in business.
My understanding is that the word 'service' is used to say that an Advocate should not engage in a master-servant relationship.
The MLA or MP though are receiving salary, they are not in any Master-Servant relationship.
As regards Ministers, during the period that they are working as Ministers, they are not practising. Probably, they might have got their Enrolment suspended - or a lenient view is being taken that so long as they don't practice it is acceptable to continue the Enrolment (after all, when they become non-Ministers, they can get the enrolment revived!).
Parthasarathi Loganathan
(Expert) 18 October 2010
This statement of our expert viz "The MLA or MP though are receiving salary, they are not in any Master-Servant relationship." has to be read with the relevant Articles of our Indian Constitution and Representation of People's Act. However, in any public related service, the concept of Master-Servant relationship should be interpreted on legal context only. Hence I am of the sincere opinion that the elected representatives since they are at the service of the electorate, the latter is a Master and the former is a servant and the same logic can apply. I may be corrected if I am wrong
R.Ramachandran
(Expert) 18 October 2010
My legal reasoning is as under:
The MPs and MLAs are representatives of people and not servants of people in that strict sense of employer-employee relationship.
An employer will have effective control over the servant; employer can discipline a servant; employer can dismiss a servant; employee can take action against a servant. But in the case of MPs/MLAs the people cannot directly do any of the above things.
Yes the people can think that they are the masters since it is they who elect the MPs and MLAs - it can at best be their feeling. The elected MPs and MLAs can claim that they are the servants of the people - it is their ploy to get the votes. But in a true sense, there is no employer-employee relationship.
As Mr. Partha said, I may also be wrong. As always, I would also get corrected, if some plausible and reasonable alternate explanation is forthcoming.
aman kumar
(Expert) 20 October 2010
my learned expert dont go far from quation pls
any person can do work as advocate & c a but he can free practice of them not under salary
many company have law adviser or free lance C A as honorary payment ( they give name to salary ) honorary payment booked in company cash books for such type of matters !
so you can contract as it is
