Why advocates are barred ? ? ?
varun & co
(Querist) 10 February 2012
This query is : Resolved
sirs,
my question is why advocates are not allowed to do business or run a firm , company ?
if a CA / CS can do the same then why it is injustice with advocates. ?
i have read indian advocate act. but i find it discriminating..
every individual has a rights to earn and grow financially , socially , economically , etc. .
he can not be fulltime employed but he can be allowed to run any franchise / business for his family's economical growth.
if any misconducts happens then he may be punished for that but why total BAN ?
i think advocates can be a good businessman as they have proved to be a good politicians. they are well educated with laws...
suggestions please......
V R SHROFF
(Expert) 10 February 2012
so that they can devote fully for legal work only. It is required.
ajay sethi
(Expert) 10 February 2012
if an advocate does business simultaneously how will he concentrate on his practise?attend to court cases?
Advocate. Arunagiri
(Expert) 10 February 2012
It is the rule of the Bar council of India.
If you want to challenge this, file PIL in Supreme court.
C. P. CHUGH
(Expert) 10 February 2012
Dear Varun,
All Professional Bodies prohibit its members holding certificate of practive to indulge into any activity other than professional activity. Same is true for Institute of Chartered Accountant and Institute of Cost and Management Accountant or Institute of Company Secretaries of India. Similiary Bar Council of India prohibits it members entrolled as Advocate in full time Practive to do any commercial activity.
In case you wish to devote time to your family business, nothing bars you from doing so, subject to that you have to surrender your enrollment as an Advocate.
A Law Graduate is not barred from doing any commercial Activity.
Deepak Nair
(Expert) 11 February 2012
Agree with Experts. if a law graduate wants to dobusiness or work for a corporate, he shall not register with the bar council or just surrender the SANAD if already registered.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 11 February 2012
Advocates as a whole are un united and so except few at the top Junior advocates have real tough life.
During freedom movement the advocates were at the top , but slowly and steadily the position is declined.
Some advocates from south have faced prison terms to raise voice of this class otherwise except stopping work there is no body to take care of interests of the advocates.
Shailesh Kr. Shah
(Expert) 11 February 2012
if a CA / CS can do the same then why it is injustice with advocates. ?
Answer: ICAI/ICSI also impose same restrictions as BCI. I, hope you got reply of your query.
prabhakar singh
(Expert) 11 February 2012
The decision to practice law is like to marry a girl has been the conception behind enacting so and doing any thing else simultaneously is offence of bigamy unless you get divorced with it.
The point has been discussed by Supreme Court and filing any writ shall be a futile effort as provision has been ruled as constitutional.
varun & co
(Querist) 12 February 2012
thanks to all of you for joining this thread.
we al know this is the law as per advocate act.but discussions is about why not advocate can have any business and what are the disadvantages ?
> i have seen many top advocates having some sort of business running. and its a contradictory to the advocate act.
but i find no problem in having any running business.
> regarding devoting time to a single profession , then is ratan tata or ambani brother are not giving time to their multi businesses. so devoting time is not at all an excuse to this query.
> why shld an advocate surrender his enrolmnt ? why cant he has any shop or factory running ? just because we have this law ?
> why this man was penalized ? what was wrong if his brother and father was doing a business ? case:Bhupinder Kumar Sharma v. Bar Ass. Pathankot, Jt 2001 (9) (SC) 480: AIR 2002 SC 41.
> to mr. adv.arunagiri = would you join me in the PIL ?
> spcl thnx to mr shah , JSDN , mr. Chugh
> pls do not repeat advocate act again and again...
suggestions pls.................
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 February 2012
A fresh breeze than the stale topics and arguments on non issues.
And I think there is leg room for advocates to do business. If you see the list of board of directors of many listed companies you will always find one or more advocates on the board.
Business participation is essential for financial freedom.
