in the preamble ..... the profession of law. An advocate is duty bound to carry out legitimate promises made to the opposite party. Advocates Act, 1961 The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as: A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. CHAPTER V CONDUCT OF ADVOCATES. It is been seen that Advocates act who is the primitive act in mentioning about the rights of an advocate is an elaborative act dealing in various aspects in relation to legal profession and it is prominent to state that according to the Section 29 to 34 of the Advocate Act, 1961, Practice of Advocates is a right. Right of advocates to practise. Are Advocates to be the only recognized class of persons entitled to and on Section 29 of the Advocates Act, 1961, which is; “29. Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. He is also duty bound to not be a party to stir up or instigate litigation. 9. 2. Section 29 of the Advocates Act, 1961 provides that “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 to practise the profession of law, namely advocates.”, In Nibaran Bora v. Union of India,[3] the Gauhati High Court has held that only advocates can practise in a court of law. [22] In the matter of P an Advocate, AIR 1963 SC 1313; and V P Kumaravelu v. the Bar Council of India, AIR 1997 SC 1014. 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. Variava, J and his brothers concluded that ‘the right to practice is the genus, of which the right to appear in the Court may be a specie. Prior to this Act, there were deviant classes of legal practitioners under the Legal Practitioners Act. He should not enter act, appearance, practice or plead in any way before a judicial authority if the sole or any member of the bench is related to the advocate as son, daughter father, grandson, grandfather, , first cousin,  uncle, nephew, brother, husband, wife, mother, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law. He is also duty bound to adjust fees after termination of proceedings and any amount left after the deduction of the fees and expenses from the account must be returned to the client. Section 30. He should also not use unparliamentary language during arguments in the court. Doctrine of Eclipse under Indian Constitution. the Bar Council of India, Section 20 : Special provision for enrolment of certain Advocates Act, 1961. Subject to the provisions of this Act and rules made there under, there shall, as from the appointed day, be only one class of persona entitled to practice the professions of law, namely, advocates. An advocate must provide the client with the copy of the client’s account maintained by him on demand, provided that the necessary copying charge is paid. 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. An advocate shall not negotiate directly with opposing party by any means of communication or negotiate or call for settlement upon the subject matter of differences. State roll, Section 24A : Disqualification for enrolment, Section 25 : Authority to whom applications for enrolment In this rare technical situation, a necessary party who is not in the suit differs from an “indispensable party,” who must be joined if the lawsuit is to proceed, and from a “proper party,” who could be joined but is not essential. They were Advocates, lawyers, vakils, etc. [5] https://indiankanoon.org/doc/510150/#:~:text=33.,an%20advocate%20under%20this%20Act. The act has endured several amendments since its enactment in 1961. Interpretation In this Act, unless the context otherwise requires— “advocate” means any person whose name is duly entered upon the Roll of Advocates or upon the Roll of Advocates having the rank of Senior Counsel and, for the purposes of Part IX, includes any person mentioned in section 10; It repeals the Indian Bar Council Act, 1926, the Legal Practitioners Act, 1879, in other laws under subject. The Act extends to the whole of India. Section 29. This Act may be cited as the Advocates Act. To implement the recommendations of All India Bar Committee after taking into consideration the Law Commission’s recommendations made in its Fourteenth Report in so far as they run through to the Bar and to legal education, the Advocates Act was executed. Section 29 of Advocates Act, 1961. An advocate should not charge for his services depending on the attainment of success of the matter undertaken. The Act aims at rectifying and consolidating the laws relating to legal practitioners and to administer for the establishment of State Bar Councils and an All India Bar Council. An Act to amend and consolidate the law relating to the legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. It may be noted that under this section, only one category of person, the Advocates, are authorized to practice, subject to the Provisions of this Act. In order to implement the commendation of All India Bar Committee (endorsed by the fourteenth Report of the Law Commission in 1955), the Advocates Act, 1961 came into being. Legal profession is not a trade or business. If lawyers do not perform their duty properly then it would be depressive to the rule of law. He has also a duty that he should not promote unauthorized practice of law. SUPREME COURT JUDGMENTS . Section 29 of the Advocates Act, 1961 provides that "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 to practise the profession of law, namely advocates." [21] Chandra Shekhar Soni v. Bar Council of Rajasthan, AIR 1983 SC 1012. [20] S J Chaudhary v. State, AIR 1984 SC 618. Similarly, Section 30 lays down that subject to the 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: (a) in all Courts including the Supreme Court;(b) before any Tribunal or person legally authorized to take evidence; and (c) before any other authority or person before whom such advocate is by or under any law for the time being in force. An advocate should, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties. An advocate has also a duty that he should not by any means, directly or indirectly, divulge the communications made by his client to him. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. 9 of 2000, Professional misconduct refers to disgraceful or dishonorable conduct, not befitting to the profession concerned. 25 OF 1961 [19th May, 1961.] Section 30 : Right of advocates to practice. The Advocates Act, passed by the Parliament acknowledged the compliance of the President on 19th May 1961. The legal profession as it exists today was refined during the British period. An advocate is obliged to accept any brief in the courts or tribunals or before any other authority in or before which he asserts to practise. An advocate under the Advocates Act, 1961 is a person who have entered in any roll under the provisions of this Act. However, in Derby Textiles Ltd. v. Mahamantri, Derby Textiles Karmachari and Shramik Union,[7] it has been held that an office-bearer of a trade union, who is a qualified law graduate but not registered as an advocate, can be permitted to represent the union and argue the case. An advocate should not disgracefully damage the character of the parties on false grounds during pleadings. (2) It extends to the whole of India. 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.” India under Section 29 of the Foreign Exchange Regulation Act, 1973. Section 17 Section 29 of the Advocate's Act, 1961 provides that 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 to practise the profession of law, namely, advocates. Section 32. 21 of 1990, Act No. In Kokkanda B. Poondacha v. K.D. entitled to practise.[4]. https://indiankanoon.org/doc/1577844/#:~:text=Section%2032%20in%20THE%20ADVOCATES%20ACT%2C%201961&text=32.,him%20in%20any%20particular%20case. For the purpose of any action or legal proceedings in which advocate is engaged by client he shall not lend money to such client. [14] In Re : Vinay Chandra Mishra, AIR 1995 SC 2348. 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. [Rev. advocates. Section 35 : … “The expression ‘to practice the profession of law’ in section 29 of the 1961 Act is wide enough to cover the persons practicing in litigious matters as well as persons practicing in non litigious matters and, therefore, to practice in non litigious matters in India, the respondents were bound to follow the provisions contained in the 1961 Act.” An advocate’s sign-board or name-plate should be of a reflective size. The enactment of the Advocates Act, 1961 was the consequences changes to the legal profession after Independence. An advocate should not show up in any matter where another advocate has filed a vakalt or memo for the same party (he can do so only with the consent of the other advocate. Section 29 : Advocates to be the only recognized class of persons entitled to practice law. [17] Dr. D C Saxena v. Chief Justice of India, AIR 1996 SC 2481. Lawyers needs to keep in mind that they are to assist the court in the administration of justice. He also shall not charge for his services as a proportion of the amount or property acknowledged after the success of the matter. The legal profession is required to look after the moral standards. 1. 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. It is also clarified that the expression "to practice the profession of law" under Section 29 of the Advocates Act, 1961 covers the persons practicing litigious matters as well as non-litigious matters other … Section 31. An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. to practice the profession of law, namely, practice law? Section 29 of the Advocates Act, 1961, states as under: “29. [18] D S Dalal v. State Bank of India, AIR 1993 SC 1608; and J S Jadhav v. Mustafa Haji Mohamed Yusuf, AIR 1993 SC 1535. It may, yet, be noted that the Advocates Act, 1961, came into being for over four decades back, but still Section 30 of this Act, is not forced upon. If he has advised a party in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, then he shall be duty bound not to act, appear or plead for the opposite party in the same matter. : State Bar Councils to send copies of rolls of advocates to [16] Prahlad Saran Gupta v. Bar Council of India, AIR 1997 SC 1338. It is also a duty of an advocate todauntlessly uphold the interests of his client by all fair and honourable means. The All India Bar Committee also inspected the matter and made its recommendations in 1953. Section 30 in THE ADVOCATES ACT, 1961 30. Advocate Act, 1961 specifies the rules governing advocates, vakils, … Mandeep Singh. a person or entity whose interests will be affected by the outcome of a lawsuit, whose absence as a party in the suit prevents a judgment on all issues, but who cannot be joined in the lawsuit because that would deny jurisdiction to the particular court (such as shifting jurisdiction from a state to federal court). 16 Advocates 7 [Issue 1] CHAPTER 16 ADVOCATES ACT [Date of assent: 13th December, 1989. Section 29 of Advocates Act, 1961. Section 29 of the Advocates Act makes the right of practice an exclusive right and precludes all persons other than advocates from practicing law. An advocate should on all occasions show respect towards the court. An advocate has also a duty that should conduct the proceedings in a manner that it does not lead to conviction of the innocent. He should not exploit or take any advantage of the confidence reposed in him by his client. The Advocates Act put into effects the recommendation of the Bar Committee in the Law Commission with some modifications. [8], At the end of a thoughtful judgment S.N. 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 … Ordinarily an advocate should not withdraw from serving a client once he has decided to serve them. appointed day, be only one class of persons entitled [14] Indulging in practices of corrupting the judiciary or offering bribe to the Judge [15] ; retaining money deposited with the advocate for the decree-holder even after execution proceedings [16] ; scandalizing the Judges [17] ; constant abstention from the conducting of cases; misappropriation of the amount paid [18] ; attesting forged affidavit [19] ; failure to attend trial after accepting the brief [20] ; taking money from client in the name of the Judge[21]; gross negligence involving moral turpitude [22] ; indecent cross examination[23]; breach of trust[24]; conducting fraud and forgery[25] by the advocates, have been held to be serious misconduct by the Supreme Court. He should should not act on the direction of any person other than his client or the client’s authorized agent. Reported in : AIR1997Ker243; 1994CriLJ682..... das v. civil judge, air 1974 all 133). BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. Advocates to be the only recognised class of persons entitled to practise law. Section 29 - Advocates to be the only recognized class of persons entitled to practice law-. (Exception he is liable to disclose if it violates Section 126 of the Indian Evidence Act, 1872.). .- 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… [24] Bapurao Pakhiddey v. Suman Dondey, AIR 1999 SC 916. The Advocates Act has set aside these classes and has allowed only one class of Advocates. But the right to appear and conduct cases in the Court is a matter on which only the court must and does have a supervisory and controlling power, which does involve the right of an advocate.’[9]. In a case in where he himself is a witness then he should not accept a brief or appear. He has a duty defend a person accused of a crime regardless of his personal presupposition as to the guilt of the accused. 34 must be given a restricted meaning of permitting physical appearance of the advocate and not his general right to practice. Dignity of the judiciary is to be maintained, failing which the institution itself will collapse. Advocates have a duty to uphold the integrity of the profession and to discourage corruption so that justice may be secured by the citizenry in a legal manner.[12]. THE ADVOCATES ACT, 1961 ACT NO. by another Bar Council except in certain circumstances, Section 29 : Advocates to be the only recognized class of Not bid or transfer property arising of legal proceeding. Mr. Singh further submitted that the 1961 Act is a complete code for regulating the practice of law in India. 18 of 1989, Act No. [Rest: 15th December, 1989.An Act of Parliament to amend and consolidate the law relating to advocates. An advocate shall not accept a fee less than the fee, which can be taxed under rules when the client is able to pay more. An advocate should not trade or agree to receive any share or interest in any actionable claim. The Supreme Court, through its decision in the matter of Bar Council of India v. 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