Indian Bar Councils Act,1926
Act No : 38
Section :
Enrolment of advocates.
1*8. Enrolment of advocates.-(1) No person shall be entitled as ofright to practise in any High Court, unless his name is entered in theroll of the advocates of the High Court maintained under this Act:Provided that nothing in this sub-section shall apply to any attorneyof the High Court.---------------------------------------------------------------------1 So much of the section as relates to the admission and enrolment of legal practioners repealed by the Advocates Act, 1961 (25 of 1961), s. 50(2) (w.e.f. 1-12-1961).33(2) The High Court shall prepare and maintain a roll of advocates ofthe High Court in which shall be entered the names of -(a) all persons who were, as advocates, vakils or pleaders, entitledas of right to practise in the High Court immediately before the dateon which this section comes into force in respect thereof; and(b) all other persons who have been admitted to be advocates of theHigh Court under this Act:Provided that such persons shall have paid in respect of enrolment thestamp-duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of1899), and a fee, payable to the Bar Council, which shall be tenrupees in the case of the persons referred to in clause (a), and inother cases such amount as may be prescribed.1*[(3) Entries in the roll shall be made in the order of seniority,and such seniority shall be determined as follows, namely:- -(a) all such persons as are referred to in clause (a) of sub-section(2) shall be entered first in the order in which they wererespectively entitled to seniority inter se immediately before thedate on which this section comes into force in respect of the HighCourt; and(b) the seniority of any other person admitted to be an advocate ofthe High Court under this Act after that date shall be determined bythe date of his admission or, if he is a barrister, by the date of hisadmission or the date on which he was called to the Bar, whicheverdate is earlier:Provided that, for the purposes of clause (b), the seniority of aperson who before his admission to be an advocate was entitled as ofright to practise in another High Court shall be determined by thedate on which he became so entitled.(4) The respective rights of pre-audience of advocates of the HighCourt shall be determined by seniority:Provided that the Advocate-General shall have pre-audience over allother advocates 2***.]----------------------------------------------------------------------1. Sub-sections (3) and (4) ins. by Act.13 of 1927, s. 2.2. The words "and King's Counsel shall have pre-audience over alladvocates except the Advocate-General" omitted by Act 3 of 1951, s. 3and Sch.341*[(5) The High Court shall issue a certificate of enrolment to everyperson enrolled under this section.1*[(6)] The High Court shall send to the Bar Council a copy of theroll as prepared under this section, and shall thereafter communicateto the Bar Council all alterations in, and additions to, the roll assoon as the same have been made.1*[(7)] The Bar Council shall enter in the copy of the roll allalterations and additions so communicated to it.
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