The judgment turned out to be a landmark in the cases concerning professional misconduct as it delivered an effective judgment by not curtailing the future of the accused person. The Advocates Act, 1961 is a law go by the Parliament and is controlled and implemented by the Bar Council of … An application for Admission as an Advocate is made to the State Bar Council within whose jurisdiction the applicant proposes to practice [16] . [5] In various cases involving contempt of court, the Court held that if any advocate or legal practitioner is found guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from practicing as an advocate  (In re Vinay Chandra Mishra). The Regulating Act, 1773, empowered the Supreme Court to frame rules of procedure as it thought necessary for the administration of justice and due execution of its powers. From the analysis of various cases and certain facts and circumstances, it will be clear that unlike any other profession, advocacy is regarded as a noble profession and professional ethics must be maintained before any other ways of the code of conduct and professional behavior. THE ADVOCATES ACT, 1961 THE SCHEDULE [See section 50(5)] Repeal of certain enactments Short title Extent of repeal 1. The Bill primarily focused on the following aspects: The establishment of an All India Bar Council and a common roll of advocates, and giving the advocates on the common roll a right to practice in any part of the country and in any Court, including the Supreme Court; The integration of the bar into a single class of legal practitioners know as advocates; The prescription of a uniform qualification for the admission of persons to be advocates; The division of advocates into senior advocates and other advocates based on merit; The creation of autonomous Bar Councils, one for the whole of India and one for each State. The Indian Bar Councils Act, 1926 was passed to unify the various grades of legal practice and to provide self-government to the Bars attached to various Courts. The expression “Attorneys” then meant only the British Attorneys or Solicitors. The Legal Practitioners (Fees) Act, 1926 The whole. Advocates for misconduct, Disciplinary Powers of Bar Council of India, Appeal to Bar Council of India, Appeal to the Supreme Court . Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Forcing the prosecution witness not to say the truth. The Act has provisions for entry into profession as well as discipline and exit from profession. It was the first concrete step in the direction of organizing a legal profession. The legal profession had so far no organization of its own to regulate admission to the profession and to maintain a high level of professional conduct. Thus, religious test was abolished for enrolment as a Pleader. The Advocates Act 1961 is applicable in the State of Jammu and Kashmir. Section 49A : Power of Central Government to make rules. The Bar Council was authorized, with the previous sanction of the High Court, to make rules to regulate the admission of persons as Advocates of the High Court. To implement the recommendations of the All India Bar Committee and after taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendation relate to the Bar and to legal education, a Comprehensive Bill was introduced in the Parliament. The Attorney-General of India and the Solicitor-General of India are the ex-officio members of the Bar Council of India [13] . An extraordinary feature of this Regulation was that only Hindus and Muslims could be enrolled as pleaders. Advocates Act, 1961 app presented in a user friendly design with excellent user experience. It was the first All-India law concerning the pleaders in the mofussil, made several important innova­tions, namely: (1) The office of the pleader in the courts of the Company was thrown open to all persons of whatever nation or religion, provided he was duly certified (in such manner as directed by the Sadar Courts) to be of good character and duly qualified for the office. However, over the years courts have recognized ‘Legal Service’ as a ‘service’ rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. by Act 60 of 1973, sec.4) (Jammu and Kashmir), Madhya Pradesh, (Note:- The word "Madras" omitted by Act 26 of 1968, sec.3 and Sch.) Browse through sections with swipe gesture in a clutter free design helping you focus on the core content. | Powered by. Advocates Act, 1961 app presented in a user friendly design with excellent user experience. Service Tax In India service tax in indiaService Tax | Negative List Regime CA Pritam Mahure This Book is a compilation of legal provisions relating to Service Tax (Negative List Regime... 151104 Words; 605 Pages; Factory Act CHAPTER I PRELIMINARY 1. Read this book using Google Play Books app on your PC, android, iOS devices. Hence, there must be a rapid interference from concerned authorities so that a person with a criminal background will be kept away from this profession. The Committee proposed that a Bar Council should have power to make rules subject to the approval of the High Court concerned in respect of such matters as inter alia: (a) the qualifications, admission, and certificates of proper persons to be Advocates of the High Court; (b) legal education;(c) masters relating to discipline and professional conduct of Advocates etc., (d) the terms on which Advocates of another High Court could appear occasionally in the High Court to which the Bar Council is attached; (e) any other matter prescribed by the High Court. 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