An advocate should not disclose in private to a judge with regard to any matter pending before the judge or any other judge. An advocate should not wear bands or gowns in public places other than in courts, except on such solemn occasions and at such places as the Bar Council of India or as the court may define. Advocates to be the only recognized class of persons entitled to practice law.- subject to the provisions of this Act and any rules made there under, there shall, as from the appointed day, be only one class of persons entitled to practice the profession of law, namely, advocates.” The Advocates Act, 1961, which received the assent of the President of India on the 19th of May, 1961, extends to the whole of India, except the State of Jammu and Kashmir. He submitted that as per Section 24 read with Section 29 of the 1961 Act, any person intending to practise the profession of law must be enrolled as an advocate on any State Bar Council established under the 1961 Act. .- Subject to the provisions of this Act, every advocate whose name is entered in the common roll shall be entitled a of right to practise throughout the territories to which this Act extends,--- (i) in all courts including the Supreme Court; (ii) before any tribunal or person legally authorised to take evidence; and (i… An advocate should on all occasions show respect towards the court. So, as per Section 32 of the Advocates Act, 1961; a person who has not been enrolled under the Advocates Act 1961 has the liberty to appear before the Court but only on the ground that the Court allows him to do so.[6]. An advocate shall not solicit work or advertise in any manner. An advocate has to keep in mind that the dignity and respect maintained towards judicial office is essential for the survival of a free community. Advocates to be the only recognised class of persons entitled to practise law.—Subject to the provisions of this Act and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled … The aim of the Advocates Act is to harmonize and constitute one class of legal practitioners called “Advocates” and to determine uniform qualification for admission to the Bar. Since the foremost duty is commitment is to assist the court in dispensing justice, the members of the Bar cannot perform in a manner which is doubtful, or has a lot of doubts or which strives to thrive on litigation. [Repealed.]. [25] LC Goyal v. Nawal Kishore, (1997) 11 SCC 258; and Devender Bhai Shanker Mehta v. Ramesh Chandra Vithal Dass Seth, AIR 1992 SC 1388; See also: Dr. Elbe Peter, MDS, LL.B, DCR, Professional misconduct of lawyers in India. (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. by another Bar Council except in certain circumstances, Section 29 : Advocates to be the only recognized class of But they are regularly facing partiality in taxation matters since 1984.Changes are required in some areas of Income tax law to efficiently protect the interests of assesses and department as mentioned below. Section 31. The Advocates Act put into effects the recommendation of the Bar Committee in the Law Commission with some modifications. 2012] CAP. the Bar Council of India, Section 20 : Special provision for enrolment of certain [21] Chandra Shekhar Soni v. Bar Council of Rajasthan, AIR 1983 SC 1012. Section 30. Lawyers needs to keep in mind that they are to assist the court in the administration of justice. 9. 1. practice law? The Advocates Act has set aside these classes and has allowed only one class of Advocates. Advocates to be the only recognised class of persons entitled to practise law. It repeals the Indian Bar Council Act, 1926, the Legal Practitioners Act, 1879, in other laws under subject. Section 29 - Advocates to be the only recognized class of persons entitled to practice law-. Advocates are only recognized class for “ Practice of law” under section 29 of Advocate act 1961. The provisions relating to rights of advocates have been described under Sections 29, 30, 32, 33 and 34 of Advocates Act, which are as follows: This section came into operation on 1st June, 1969. In any matter in which he has financial interests then he should not act or plead in that matter. particular cases, Section 33 : Advocates alone entitled to practice, Section 34 : Power of High Courts to make rules, Section 35 : Punishment of advocates for misconduct. Therefore, it must remain a de-contaminated profession. Duties to the society • Duty to facilitate legal education, training of young lawyers and research in legal discipline • … 21 of 1990, Act No. to practice the profession of law, namely, Slowly and gradually, it was felt that the Judicial Administration should be switched according to the needs of the time. He has also a duty that he should not promote unauthorized practice of law. There was need for a unified bar, rules governing the State Bar Councils and most primarily, the formulation of an All India Bar, all of which was is the freshly enacted law. The Act extends to the whole of India, except the State of Jammu and Kashmir. Reported in : AIR1997Ker243; 1994CriLJ682..... das v. civil judge, air 1974 all 133). He should also not use unparliamentary language during arguments in the court. The meaning of the word “practise” is, repeated action, habitual performance, a succession of acts of a similar kind.”. Right of advocates to practise.—Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practise throughout the territories to which this Act extends,— The advocate has a duty that he must without any delay intimate the client of the fact of such receipt if any amount is received or given to him on behalf of his client. Section 30 : Right of advocates to practice. Introduction A lawyer’s profession is meant to be a […] [23] Shiv Narain Jafa v. The Hon’ Judges of the High Court, Allahabad, AIR 1953 SC 368. Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. CHAPTER V CONDUCT OF ADVOCATES. Legal profession is not a trade or business. Power of court to permit appearances in particular cases. For the purpose of any action or legal proceedings in which advocate is engaged by client he shall not lend money to such client. : State Bar Councils to maintain roll of advocates, Section 18 [5] https://indiankanoon.org/doc/510150/#:~:text=33.,an%20advocate%20under%20this%20Act. The legal profession as it exists today was refined during the British period. and on Section 29 of the Advocates Act, 1961, which is; “29. [ Issue 1 ] CHAPTER 16 Advocates Act, 1961, states as:. Dr. D C Saxena v. Chief justice of India as follows: ― CHAPTER I PRELIMINARY 1 be. Not accept a brief or appear or advertise in any actionable claim as to the whole of as... By his client occasions show respect towards the court, Allahabad, AIR 2004 SC 2440 Parliament to amend consolidate... High Courts to make rules appearance of the accused to conviction of the confidence in! 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