cpc

advocate doing business

Social Worker

 

Can an advocate do business in his name?

Which Section or the Law prohibits and advocate from doing so?

What action lies against such an advocate?

 
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Lawyer

Please refer to the Advocates Act for detailed knowledge.

 
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FIN

As advised by Mr. Kiran Kumar go thru The Advocates Act and Bar Council Of India Rules.

You may also go thru an interesting publication at:

http://www.legallyindia.com/201011171518/Bar-Bench-Litigation/bar-council-suspends-lawyer-for-running-side-business-as-career-coach

Bar council suspends lawyer for running side-business as career coach; HC stays order

Wednesday, 17 November 2010

The Kerala bar council has suspended a lawyer for professional misconduct after “indulging in business activities apart from being an advocate”.

Lawyer and former IAS officer Alphons Kannanthanam had obtained a trademark as a proprietor of a “career coaching centre” while practising as a lawyer, reported The Hindu, for which the bar council’s disciplinary committee found him guilty of misconduct.

The committee held that he had “converted his proprietorship business to a private limited company and became the chairman of the company”, from which he was receiving Rs 25,000 a month as well as 15 per cent of the company’s revenues.

The committee said he should be debarred but should also be given an opportunity to stop his business within six months and continue practising as a lawyer if he desired to do so, reported The Hindu.

Update 17 November: The Kerala High Court has stayed the bar council's decision, according to a PTI report of 12 November, saying it was prima facie satisfied that the decision could not be sustained.

Valuable advice of learned experts/members is sought.



Attached File : 1023203550 refusal for grant of a sanad (dr.) haniraj l. chulani vs bar council of maharashtra & goa on 8 april, 1996.pdf, 1023203550 the advocates act 1961.pdf downloaded 197 times
 
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FIN

Attached stay order:

Advocate_K.J.Alphons_..._vs_Bar_Council_Of_Kerala,_..._on_3_November,_2010

Valuable advice of learned experts/members is sought.



Attached File : 1023203550 advocate k.j.alphons ... vs bar council of kerala, ... on 3 november, 2010.pdf downloaded 186 times
 
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Social Worker

Kumar Doeb Sir!

When the following files are clicked  

Attached File (downloaded 4 times) :

the message displayed is 

Oooops!! Error 404..

It seems like the page you are looking for does not exists.

 

Similarily when teh followinglinks sent by you are clicked, 

Attached File (downloaded 9 times) :

the mesage displayed is 

 

Forbidden

You don't have permission to access http://www.lawyersclubindia.com/forum/files/1023203550_advocate_k.j.alphons_..._vs_bar_council_of_kerala on this server.


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Social Worker

Can anyone give some SC Rulings on this topic

 
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Social Worker

I am extremely confused about teh case law cited above n the matter of 

1996 AIR 1708, 1996 SCC (3) 342

 

On teh first page of teh Judgement it is written

 

J U D G M E N T

S.B. Majmudar. J

Leave granted.

 

But when u go thru the entire Judgemnet we see that the leave was not granted!

Cananyone clarify!

 
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Social Worker

I am interested in some case laws wher a pracyising lawyer has been geld guilty due to his being engaged in other voctions!

 
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What are the provisions for Advocates to be sleeping partners/directors in companies? I see so many senior Lawyers on boards of corporates, basically for their legal acumen. How do they manage this?

Secondly cant an Advocate invest money somewhere & reap the benefits thereof? In becoming an investor, he is not taking an active part in business. Its just like investing money in FD/MF etc.

 

 

 
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