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Showing posts with the label Advocates Act 1961

Right of Practice is Different from the Right of Appearance in a Particular Case [CASE LAW]

The Advocates Act, 1961 - Section 32 - The right of practice is different from the right of appearance in a particular case. The right of practice is a right of advocates to practice the profession of law before all courts, tribunals, authorities, etc, but the right of appearance to appear in a particular case on the permission granted by the court under Section 32 of the Act is an exception to the right of practice by advocates.

National Lawyers Campaign For Judicial Transparency and Reforms v. Union of India

Advocates Act, 1961 - Section 16(2) - Cannot be said to be unconstitutional - designation of Senior Advocate cannot be as a matter of bounty or as a matter of right.

Whether the Court have Power to Debar an Advocate from Practicing [SC JUDGMENT]

The Constitution of India - Article 32 - The Rules of High Court of Madras, 1970 - Rules 14A, 14B, 14C and 14D of - The Advocates’ Act, 1961 - Section 34(1) - Autonomy of the Bar in the disciplinary matters cannot be taken over by the Courts.

Bar Association is not a Trade Union under the Trade Union Act, 1926 : Madhya Pradesh High Court

Advocates Act, 1961 -  The High Court has power to issue a writ to any person or Authority including any Government within its territory for enforcement of any of the rights conferred by Part-III of the Constitution of India and/or any other purpose. The writ jurisdiction is being exercised to protect the fundamental rights of the members of the Bar to appear in the Court and also the fundamental rights of the citizens of the State to get their cases decided with the assistance of the Advocates engaged by them. Therefore, the writ petition against call by the Bar to abstain from work has not become  infructuous  and that the writ court is bound to protect the rights of the citizens.