Seniority of an Advocate
K.D.Ashish
(Querist) 17 September 2009
This query is : Resolved
What determines seniority of an Advocate??Is it number of cases done or date of enrolement?? Number of cases won matters about seniority??How and when(after how much time) A fresh law gradute enrolled at bar would become a Senior Advocate??whether seniority at High court is diffrent from District Sessions court??Details please....riven
A V Vishal
(Expert) 18 September 2009
Seniority in the State Rolls
[Rules under Sections 17 (3), 20 and 49 (1) (i) (ac) of the Act]
1. Seniority of Vakils, Pleaders and Attorneys not entitled to practise in the High Court :-The seniority of a Vakil, Pleader or Attorney, who was not entitled to practise in the High Court, and who was enrolled as an advocate immediately before the appointed day or who was enrolled after that day shall be determined according to the date of enrolment as advocate.
2. Seniority of other Advocates : (1) The seniority of other advocates referred to in Section 17 (1) (a) shall :-
(a) in the case of persons whose names were entered in the rolls under Section 8 (3) (a) of the Indian Bar Councils Act, 1926, be the date from which their seniority was reckoned in the said rolls;
(b) in the case of persons admitted as advocates under Section 58 A of the Act, be the dates of their first admission when they were entitled to practise in the High Court of Allahabad or the Chief Court of Oudh or the other High Courts or the Judicial Commissioners’ Court mentioned in sub-sections (2), (3) and (4) of the said Section 58 A;
(c) in the case of persons admitted as advocates under Section 58AA of the Act, be the date when they were first entitled to practise the profession of law under the law enforced in the Union Territory of Pondicherry;
(d) in the case of the other persons be determined in accordance with the date of enrolment under the Indian Bar Councils Act, 1926.
Proviso to (a), (b), (c) and (d), :- Provided that in the case of a person whose name had been entered on the rolls of more than one High Court, the date as shown in the High Court in which he was first enrolled shall be taken as the date for entry for purpose of seniority in the rolls under Section 17 (1) (a) of the Advocates Act, 1961.
(2) In the case of the persons referred to in Section 58 AE of the Act, be the date when they were first entitled to practise the profession of law as provided for in Section 58AE.
(3) In the case of the persons referred to in Section 58AF of the Act, the date on which they are deemed to be advocates.
3. In cases not covered by any of the rules previous in this chapter, or in case of doubt, the seniority shall on a reference by a State Council, be according to the dates as may be determined by the Council.
4. Seniority of Senior Advocates of the Supreme Court : The seniority of a senior advocate enrolled before the appointed day shall be determined in accordance with the date of his enrolment as senior advocate.
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G. ARAVINTHAN
(Expert) 18 September 2009
Vishal sir has extracted and explained elaboratelyriven
Sarvesh Kumar Sharma Advocate
(Expert) 17 September 2009
