Conditions For Right To Practice For Advocates In Courts

Legal Reforms
  1. Every Advocate shall be under an obligation to see that his name appears on the roll of the State Council within whose jurisdiction he ordinarily practices.
  • An Advocate shall not enter into a partnership or any other arrangement for sharing remuneration with any person or legal Practitioner who is not an Advocate.
  • Every Advocate shall keep informed the Bar Council on the roll of which his name stands, of every change of his address.
  • The Council or a State Council can call upon an Advocate to furnish the name of the State Council on the roll of which his name is entered, and call for other particulars.
  • (1) Any Advocate who voluntarily suspends practice for any reason whatsoever shall intimate such suspension to the State Council on the roll of which his name is entered.

(2)A similar intimation shall be given by every Advocate on resumption of practice.

  • (1)An Advocate whose name has been removed by order of the Supreme Court or a High Court or the Bar Council as the case may be, shall not be entitled to practice the profession of law either before the Courts and authorities mentioned under Section 30 of the Advocates Act, 1961 or in chambers, or otherwise.

(2)An Advocate who is under suspension shall be under same disability during the period of such suspension as an advocate whose name has been removed from the roll.

  • A person, who has held judicial/quasi-judicial office in any part of the Union Territory of Delhi at any time within two years immediately preceding his retirement or otherwise ceasing to be in service, shall not practice for a period of two years from the date of his retirement or ceasing to be in service as the case may be in the territory of Delhi. Provided that nothing in this Rule shall prevent any such person from practicing in any Court of Superior jurisdiction to the one in which he held the office.

Explanation—A Court of Sessions, a District Court or the City Civil Court shall be a Court of Superior jurisdiction in relation to a Magistrate’s Court or Small Causes Court, even though no appeal may lie from the latter to the former.

  • No Advocate shall be entitled to practice if in the opinion of the Bar Council he is suffering from such contagious disease as makes his practice of law a hazard to the health of others. This qualification shall last for such period as the Bar Council directs from to time.

INBA Team