cpc

enrollment of advocates


An advocate has been removed from the state roll of advocates in Gujarat on grounds of misrepresentation and suppression of material fact that he was engaged in business of two firms in 2002 when he was enrolled.  I would like to know whether he enrolled with the state bar council (1) prior to his engagement in the two firms, or (2) while he was engaged in the two firms.  What is the accepted norm for enrollment as an advocate with a bar council?  Can one enroll with a bar council while in govt. service and working in the legal department?    

 
Reply   
 
Corporate Laws and Indirect Taxation Laws Practitioner.

 The Bar Council of Gujarat has removed advocate Pankajkumar Bachubhai Velani of Patan from the state roll of advocates for misrepresentation and suppression of material fact that he was engaged in business of two firms in 2002 when he was enrolled.



The suspension followed an inquiry by the Enrollment Committee.



The Bar Council of India also accepted the reference made by the Bar Council of Gujarat. He was directed to surrender his original Enrolment Certificate.



‘Mr Velani is hereby removed from the roll of the Bar Council of Gujarat and his Enrolment Certificate and identity card issued to him stand cancelled. He is further debarred from practicing in any court or before any authority in India,’ a July 23 notification issued by the Bar Council’s incharge Secretary J M Chauhan said.


Total likes : 1 times

 
Reply   
 


Advocate

What is the accepted norm for enrollment as an advocate with a bar council?  Can one enroll with a bar council while in govt. service and working in the legal department?

 

Section VII-Restriction on other Employments
47. An advocate shall not personally engage in any business; but he may be a sleeping partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the nature of the business is not inconsistent with the dignity of the profession.
48. An advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinarily sitting fee, provided none of his duties are of an executive character. An advocate shall not be a Managing Director or a Secretary of any company.
49. An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.
Nothing in this rule shall apply to a Law Officer of the Central Government of a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of his State Bar Council made under Section 28 (2) (d) read with Section 24 (1) (e) of the Act despite his being a full time salaried employee.
Law Officer for the purpose of these Rules means a person who is so designated by the terms of his appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer.
50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but may not personally participate in the management thereof. He may continue to hold a share with others in any business which has decended to him by survivorship or inheritance or by will, provided he does not personally participate in the management thereof.
51. An advocate may review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

Total likes : 2 times

 
Reply   
 

one of my friend is doing his busines and also he is studying LLB from agra univ.  so if he will complete LLB does he has to close down his business ? cant he work as advocate and a co. owner ??

i have seen many advocates in practice who are also doing & owns  real estate co. / placements HR co. and export house........

 

they are among the rich advocates of india. so wats that ???

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

  LAWyersclubindia Menu

Complete Hindu Laws Course     |    x