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Unregistered advocate

(Querist) 12 March 2017 This query is : Resolved 
Sir,
An advocate who is not registered with Bombay High Court, can file his vakaltnama as a junior Advocate in any case in any Court? Can he fight any case in subordinate courts? What will be the consequences if any complaint is filed in the Bar Council
Regards,
Rizwan
R.K Nanda (Expert) 12 March 2017
an advocate who is not registered with any state bar council cannot file vakalatnama in any court in india.
Guest (Expert) 12 March 2017
Basing on your Query No Registration would be Required in any Court.
Guest (Expert) 12 March 2017
Registration and Certificate of Practice from Bar Council Only will be Required.
Guest (Expert) 12 March 2017
Instead of trying to make complaints to Collapse his/her Career you could Guide/Advise to Comply with the Procedures.
adv. rajeev ( rajoo ) (Expert) 12 March 2017
He cannot file vakalat
Guest (Expert) 12 March 2017
Read

Advocate Act 1961

All your queries will be solved.

---------------------------------------

Sorry modified ans because I misinterpreted question .

You say he has completed LLB then tell him to complete formality
Guest (Expert) 12 March 2017
Sorry modified ans because I misinterpreted question.

You say he has completed LLB then tell him to complete formality.



Rajendra K Goyal (Expert) 12 March 2017
Is he registered as Advocate with any Bar Council, if not registered with Bombay Bar council?
Guest (Expert) 12 March 2017
Madam RK Goyal your self is Closely associated with the Fraudelent Company Gemmia Oil Tech Ltd Please Post your Details Instead of being Anonymous
Mohammed Rizwan Shaikh (Querist) 13 March 2017
Many thanks for your inputs Experts,
I don't want to ruin any ones career, I just wanted to know the consequence as that Adv is practicing in the subordinate courts since past 15 years and not in HC. Being an Adv he should get himself registered.
Regards,
Rizwan
Guest (Expert) 13 March 2017
There may be some problem academically , or that fellow may be lazy fellow. Or some technical legal issue which don't allow him to register or practice in front of Hon. Court
Guest (Expert) 13 March 2017
Madhu Sir the Enrollment ,Registration and Certificate of Practice is Only with State Bar council and Not with any Court Or High court
Guest (Expert) 13 March 2017
Sir

100 % true that registration and certificate of practice is only with state bar council .

This court word was taken by querist not me for registration.

But there are chances querist who raised question of that Advocate he may have some problem by which Enrollment he can not get as Advocate .
Dr J C Vashista (Expert) 13 March 2017
Enrollment with Bar Council of India through a State Bar Council is mandatory to practice law and file vakalatnama on behalf of litigant.
Guest (Expert) 13 March 2017
Basically if there is problem some people contest decision of Bar Council for not giving them enrollment no. etc.

Take for eg. Dr. Hansraj vs Bar Council of Maharashtra.

But at same time with time they change some rules too which affect enrollment.

Take for eg. in Dr. Hansraj case they denied entry of Medical Professional to practice in Court.

Now recently IIT Kharakpur have started exclusive LLB for Engineer , Architect and Dr. (Commerce and Arts graduate are not permitted to take admission)

Now whether pass out from IIT LLB whether they will be given enrollment no. Myself not sure , course is recognized by Bar Council but what about Dr. Hansraj vs Bar Council of Maharashtra.

Educational law and recruitment /professional enrollment /service matter are also question of dispute many time.


There are also matters where after taking permanent service in Govt. Sector /Public Undertaking people are required to surrender Enrollment certificate.


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Although filling of VP by non enrolled advocate can attract 6 months sentence .

Same time if you observe in detail you will find many cases Advocate appear in front of Court and their name is not on Vakil Patra only . They take important steps in proceedings but their signature absent on Vakil Patra .

Rajendra K Goyal (Expert) 15 March 2017
Some experts are in the habit of posting cheap comment on experts. They should not take pain to send message for feeling sorry and regret to me at least.

Any regret message from anyone embarrasses me. I do not like anybody feel sorry before me and hence feel small. I believe in respect and equality to all.

Rajendra K Goyal (Expert) 15 March 2017
Any comments on experts by other experts is a good habit nor requirement of the thread to comment on others.

Try to be sober.
Rajendra K Goyal (Expert) 15 March 2017
In many threads expert used Mrs/Mr/Ms/Child before addressing me, please use Mr. before my name.
Rajendra K Goyal (Expert) 15 March 2017
Some experts are expert in commenting on other experts.
I do not like any comment on other experts, if I differ any point I do so with proper respect and honor
Guest (Expert) 16 March 2017
Agree with Madam RK Goyal
Rajendra K Goyal (Expert) 16 March 2017
Forum would not gain anything from comments by experts on other experts / contributors. Any contradiction must be addressed with due respect to others.
Rajendra K Goyal (Expert) 16 March 2017
Any vague / unwarranted / irrelevant / posts should be avoided.
Neither it is a good habit nor requirement of the thread..
Experts should try to be sober.


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