Can an Advocate practicing in Andhra Pradesh appear in Madras High court case?.
for example my friend Madras high court lawyer unable to attend his case deputes a Andhra Pradesh Lawyer for attending his case in Madras high court. Just appearing for friends case.
kindly clarify?
Hello sir, greetings of the day.
As per your query, Yes an advocate practicing in Andhra Pradesh can appear in a case in Tamil Nadu.
The term ‘advocate’ has been legally defined under the Advocates Act, 1961 as “a person who is enrolled in any roll under the provisions of Act”. Generally, the person needs to be enrolled in the list of any State Bar Council for becoming an advocate. When the act was enacted, the advocates could only practice in their respective states which posed severe hindrances to efficient and timely justice mechanism of India. The advocates could only appear before upon the discretion of the concerned presiding officer. But in 2011, the law minister Veerappa Molly decided to notify Section 30 of the Advocates Act, 1961 which was hailed by many people as ‘step-forward’ in advancing the legal system of India.
Under the Act, Section 30 has been defined as – “Subject to provisions of this Act, every advocate whose name is entered in the State roll shall be entitled as of right to practice throughout the territories to which this Act extends,-
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 entitled o practice.
This amendment has provided the advocates with the right to practice across the whole of India before any court or tribunals. It was introduced with the main objective to eliminate the increasing number of pending cases across different courts of India. But the BCI has laid down certain rules and regulations which need to comply with to practice legal profession in India.
Hope this answers your query
Regards
Nirali Nayak
Law Student
