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(Guest)

Is he/she eligible to take up cases in A.P?

A person registered with Bar Council of Andhra Pradesh as an Advocate. Went to US and acquired Green card. As an Advocate is he/she eligible to appear before the court to take up any case in A.P?

Please clarifiy.



Learning

 14 Replies

J.D.Sharma (lawyer)     04 January 2010

Under the Advocates Act, only an “advocate” can practice “profession of law” — an advocate being anyone possessing a law degree and enrolled with state bar councils or Bar Council of India. if the person is enrolled with the state bar he is entitled to practice law as per advocate act. As there is no perticular authority to the case as per my knowledge. however go through the following judgement delivered by High Court of Bombay and see if it of any help.


Attached File : 24 24 lawyers collective foreign firms bbay hc.pdf downloaded: 196 times

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     04 January 2010

 ACQUIRING GREEN CARD WILL NOT HAVE ANY EFFECT ON HIS PRACISE IN INDIA. A DOCTOR FROM U.S (CITIZENS OF U.S) ARE COMING INDIA AND PRACTISING/JOININIG IN GOVT JOBS. WHY NOT A ADVOCATE OF GREEN CARD ?

ALL BEST IN THE PROFESSION.

A V Vishal (Advocate)     04 January 2010

No, he cannot practise in the courts in India.

Gundlapallis (Advocate)     04 January 2010

Mr. Visal

Whats the basis for your negation?

A V Vishal (Advocate)     05 January 2010

Please refer BCI rules on employment of advocates. To qualify for a Green card the person has to be a resident of such country for atleast 5 years and our friend would not have sat idle without any employment which is misconduct since he cannot take employment other than with an advocate and further our friend should have done a Higher course there in order to qualify to work with an attorney firm. In absence of relevant details it is presumed that our friend might have worked for other than a law firm by reason of which he is disqualified from practise.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 January 2010

 MISCONDUCT AS PER ADVOCATE ACT IS VERY CLEAR THAT WHILE PRACTISING AS AN ADVOCATE HE CAN DO ANOTHER JOB( EXCEPTION TO FAMILY BUSINESS ) . BUT IN THIS CASE HE IS NOT PRACTISING IN INDIA WHILE IN U.S , HE IS GOING TO PRACTICE AFTER RETURN.

THE MAJOR MISTAKE IS BCI ENROLLMENT, HE MIGHT HAVE GOT ANY SUSPENSTION  OF REGISTRATION WHILE HE IS ANOTHER ASSIGNMENT IN U.S.THAT WAS PAST.

I HOPE TO PRACTICE IN INDIA NOW,  THESE WILL NOT MAKE ANY BIG PROBLEMS. 

 


(Guest)
Once he/she became citizen of US, How can practice in India?

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 January 2010

 DEAR SATHYA JI,

GREEN CARD IS NOT THE CITIZENSHIP,IT IS THE MAIN REQUISITE  TO BECOME A CITIZEN OF U.S .

GREEN CARD - An immigrant visa. Allows an alien to become a lawful permanent resident of the U.S. and to work legally, travel abroad and return, bring in a spouse and children and become eligible for citizenship.


(Guest)

Dear PJR ji,

After acquring citizenship by neutralisation.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR)     05 January 2010

 IF UR A CITIZEN OF U.S, HOW CAN HE ?. 


(Guest)

Indian Legal Market is very good market.

After getting a Green Card in US no Indian will come back and appear before Indian Courts.

Comply with FEMA.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     10 January 2010

I agree with A.V.VISHAL  First great mistake he has done is he has not surrendered his Sanad/ the registration before the bar council etc. Once enrolled into the Bar council, he is not permitted to take up any job, which amounts to misconduct. If at all he had joined any job at U.S.  he should have surrenderred his enrollment , has he done it, If no it amounts to misconduct, and he may not be permitted to again practice in Andhra predesh.

Anil Agrawal (Retired)     10 January 2010

 Job? Which job? It is a great assumption that because he was in US for 5 years, he must have taken up employment there.

 

Nali Seshu Kumar (SOCIAL WORKER)     15 January 2010

r.k. s is correct the member of bar councilof a.p first inform the same to the bar council of a.p to suspend practice till he will apply for renwal, without follow the procedure the member violates the act .


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