Indian Advocate shall not personally engage in any business or employment

Under Bar Council of India Rule

SECTION VII–RESTRICTION ON THEIR EMPLOYMENTS

47. An Advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that, in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession. Continue reading “Indian Advocate shall not personally engage in any business or employment”

An advocate shall not personally engage in any business [Bar Council of India Rules 47-51]

47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession. 48. An advocate may be Director or Chairman of the Board of Directors of a Company with or … Continue reading An advocate shall not personally engage in any business [Bar Council of India Rules 47-51]

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Law officer engaged by the Government if not acting or pleading on behalf of his employer, then he ceases to be an advocate.

Supreme Court of India in Satish Kumar Sharma vs The Bar Council Of Himachal[2001] held : An advocate employed by the Government or a body corporate as its law officer even on terms of payment of salary would not cease to be an advocate in terms of Rule 49 if the condition is that such advocate is required to act or plead in courts on behalf … Continue reading Law officer engaged by the Government if not acting or pleading on behalf of his employer, then he ceases to be an advocate.

Within the Court, the right of audience of an advocate is to be regulated by the Court itself

 SUPREME COURT  in Harish Uppal v. Union of India held as under: “34. One last thing which must be mentioned is that the right of appearance in courts is still within the control and jurisdiction of courts. Section 30 of the Advocates Act has not been brought into force and rightly so. Control of conduct in court can only be within the domain of courts. Thus Article 145 of … Continue reading Within the Court, the right of audience of an advocate is to be regulated by the Court itself

The right to practise and the right to appear in courts are not synonymous

Apex Court decision delivered in Pravin C. Shah vs. K.A. Mohd. Ali and Another :- “18. In the above context it is useful to quote the following observations made by a Division Bench of the Allahabad High Court in Prayag Das v. Civil Judge, Bulandshahr : The High Court has a power to regulate the appearance of advocates in courts. The right to practise and the right to appear … Continue reading The right to practise and the right to appear in courts are not synonymous

Kaushal Kishore Awasthi Vs. Balwant Singh Thakur & ANR [SC 2017 December]

KEYWORDS:-Professional misconduct-Advocate- Bar Council of India (BCI)

It is very clear from the provisions of Section 35 that punishment can be awarded to an Advocate if he is found guilty of professional or other misconduct. Rule 22 is the relevant Rule in the instant case which proscribes an Advocate from directly or indirectly making a bid for or purchase either in his own name or in other’s name for his own benefit or for the benefit of any other person any property sold in the execution of a decree or order in any suit, appeal or other proceedings in which he was in any way professionally engaged. Admittedly, in the instant case, the complainant was selling the property to the intending buyer which was an arrangement between them unconnected with any legal proceedings. Continue reading “Kaushal Kishore Awasthi Vs. Balwant Singh Thakur & ANR [SC 2017 December]”

B. Sunitha Vs. State of Telengana & ANR [SC 2017 December]

Keywords:- Advocates’ Fee Rules-legal profession-Professional ethics- DATE: 5 December, 2017 To attract the penal provisions under Section 138 N. I. Act, a cheque must have been drawn by the accused on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge in whole or in part, of any debt or … Continue reading B. Sunitha Vs. State of Telengana & ANR [SC 2017 December]

Non-Advocate can represent a Party in Court

In Harishankar Rastogi v/s. Giridhari Sharma, AIR 1978 Supreme Court 1019, wherein after considering the provisions u/sec.29, 30, 32 of the Advocates Act and u/sec.302, 303,304 & sec. 2 (q) of Cr. P. C. the Hon’ble Apex Court has held that, in appropriate case the Court can grant the permission to even non Advocate person to represent the party who so wishes, but such other person can not practice the … Continue reading Non-Advocate can represent a Party in Court

The Advocates’ Welfare Fund Act, 2001

The Advocates’ Welfare Fund Act, 2001 (45 OF 2001) 237 [14th September, 2001]An Act to provide for the constitution of a welfare fund for the benefit of advocates and for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:—   CHAPTER I Preliminary 1. Short title, extent and commencement.—(1) This Act may be called … Continue reading The Advocates’ Welfare Fund Act, 2001