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N.K.Assumi (Advocate)     20 April 2011

Guess Who is at fault Candidates or the Court?

If a fresh LLB., graduate started practicing in the Court without passing out the Bar Exam, and the Court knowingly permits such candidate to practice in the Court, who will be at fault? Will such intentional act amounts to criminal liability or Civil liability either of the candidates or the court?



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 2 Replies

Daksh (Student)     20 April 2011

Sir,

If somebody knowingly (the fact that he is not authorized to appear before clearing the Bar Examination) voluntarily appears before the Court ipso facto the mens rea comes into play which means he/she is guilty of voilating the provisions of the Advocates Act.

The Courts have the power to cross check the veracity of the statement of the Advocate by asking him/her to produce the Licence to practice or may ask to tender a statement to this effect.  But knowingly if the Court permit then the Presiding Officer is not diligent in discharge of duties as such.

Best Regards

Daksh.

N.K.Assumi (Advocate)     20 April 2011

Daksh, thank you vry much indeed. One more thing Daksh: If the Bar Association knowingly allow such candidates to ppear in the court and enlisted them in the Bar Association as an advocate, shouldn't the Bar Association also be held liable under the Advoctes Act? I have no probems with such candidates practicing in the court but Just want to clear the legl implications involved in such prctice in violtion of Bar Council of India Directives under the Advcates Act.


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