Registration in Bar Council
Querist :
Anonymous
(Querist) 04 January 2011
This query is : Resolved
Hello sir,
happy new year to all
I am doing job in govt. undertaking corporation. I have completed my LLB in ear 2010. I had taken admission in LLB in the year 2007. At that time i was in a private job. After completing my 2 semesters, in the year 2008 i received appointment letter from the govt. undertaking corporation for job. later on for further semesters i did not taken permission from the corporation because LLB is regular course. but now i have completed my LLB. You are requested to please suggest me whether i can apply for registration in the bar council or not, because of the job. If i apply for registration, is there any problem for my job. please reply
A V Vishal
(Expert) 04 January 2011
You cannot register with the Bar Council.
Guest
(Expert) 04 January 2011
AS YOU ARE ALREADY EMPLOYED ,YOU CAN NOT PRACTICE AS ADVOCATE.STILL YOU MAY CONTACT THE BAR COUNCIL OFFICE IN YOUR AREA YOU WILL GET DETAILED REPLY.GOOD LUCK.
Khaleel Ahmed Mohammed
(Expert) 04 January 2011
You are advised hereby that,you have to resign present position before you enroll at Bar Council of your concerned state.The fact of your employment during the study always danger with you, as your LL.B degree may be cancelled at any time as you have committed irregularity.
R.Ramachandran
(Expert) 04 January 2011
Dear Anonymous,
You have lot of problem in your hands. You have to handle your situation very very carefully.
1. Since you have passed in the academic year 2009-10 you have to clear the All India Bar Examination, before you would be eligible to practice as an Advocate. (Though now BCI has permitted those who have enrolled to practice, but with an undertaking that they have to clear the examination.)
2. For enrolling in the Bar Council, you have to produce the Attendance Certificate from your college concerned.
3. You say that you attended a Regular Course - I take it that it was a regular day course - not morning classes or evening classes.
4. If you say that you are in employment in the Government during the years in question, then you have to produce the 'PERMISSION' granted by the Office. You say that you have neither sought nor obtained any such official permission to pursue the course. Apart from this, unless you are shown as on 'leave' in your official duties, either the Attendance Certificate would be proved wrong or your attendance in the office would be proved wrong. This adds to your problem.
5. You cannot get enrolment with the Bar Council as an Advocate, if you are in employment (whether government or private) or doing any business.
6. If there is any gap between the year of passing LL.B. and the year of applying for enrolment, you have to give an Affidavit explaining the reasons for the gap. If you say that you were in employment - then the problems mentioned at point 3 and 4 will arise.
THIS PROBLEM IS CONTINUOUS.
Guest
(Expert) 04 January 2011
(1) Your query is silent on several aspects. You have not stated which place you belong to (in which city/town), you have not stated where you did your Law course. Then only we can understand how many Kilometers distance are there from your workplace and College, etc., Without these details, it is hard to blame you for any irregularity in pursuing the Law Course.
(2) Also you need not worry about the College regular attendance etc., etc., since the Shortfall of attendance can be compensated by payment of fine, etc., and it is left to the College which changes its Records according to the Rules of the College on payment of fine for shortfall of attendance. Once the requisite fine is paid, then no one can blame you for study even during office working days / working hours.
(3)To your pointed question as to whether you can register in the Bar Council, you are certainly entitled to register your name as a member, but you should suspend your practice for the present, as you are an office-goer, and resume practice after you resign/retire.
G. ARAVINTHAN
(Expert) 04 January 2011
You are barred by Advocates Act
Ajay Bansal
(Expert) 05 January 2011
You are unable to become an advocate,becose you had not attended your's LL.B classes regularly.
Kirti Kar Tripathi
(Expert) 05 January 2011
you have already committed a mistake by not getting permission from your employer. persuading education as regular student is not permissible without permission.
Ahmed Daud Girach
(Expert) 08 January 2011
If clollege timings do not conflict with office timings get permission of employer now for study if your higher officer and staff cooperate.
