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Satnam Singh (Member)     09 May 2010

Can Consumer Forum Member (A Lawyer) Practice in Court

An Advocate who has been appointed as a full time Member of District Consumer Forum and is not getting salary but getting Rs.12000/- as honrarium. Can he continue his practice as a lawyer on the days off days in Consumer Forum ? Please guide with case law, if any ?



Learning

 14 Replies

Devajyoti Barman (Advocate)     09 May 2010

Definitely not.

Kiran Kumar (Lawyer)     09 May 2010

a lawyer may become member but he will have to quit practice first..........both consumer forum membership and legal practice are now allowed to be done together.

Sarvesh Kumar Sharma Advocate (Advocacy)     09 May 2010

not permited.

N.K.Assumi (Advocate)     09 May 2010

Agreed with the views of learned members.


(Guest)

allowed

Shyam Ji Srivastava (Practising Lawyer)     11 May 2010

AGREED WITH THE VIEW OF LEARNED KIRAN KUMAR

Pankaj Rai (Lawyer)     11 May 2010

A notary is neither paid a monthly salary nor any fees by the Government. The fees that is paid to him is not by the Government , but by the  individual client whom he serves. He renderes no service to Government  in the discharge of its  sovereign functions or in its carrying on the civil administration ofr the State. He is not bound by the Government Servants Conduct Rules and therefore, it can not be said that he was ineligible to hold full-time office of the president of District Consumer Disputed Redressal Forum.-A.I.R.1997 Ori.1(D.B.)

A full time member renders his services to Government.and the salary or  honorarium and other allowances payble to him by the  State Government.

In my opinion he may not be allow to practice as a Lawyer.

G. ARAVINTHAN (Legal Consultant / Solicitor)     13 May 2010

Kiran Sir is right

Pankaj Rai (Lawyer)     13 May 2010

 

A full time member renders his services to Government.and the salary or  honorarium and other allowances payble to him by the  State Government.

In my opinion he may not be allow to practice as a Lawyer.

A.I.R.1997 Ori.1(D.B.)

Sushil Kumar Bhatia (Advocate)     14 May 2010

A full time member can not practice and a part time member can practice as lawyer in spare time when he is not discharginfg his duty in the court

Pankaj Rai (Lawyer)     14 May 2010

A full time member can not practice and even a part time member can not practice because advocates to be the only recognised class of persons entitled to practice Law.

V.V.RAMDAS (Advocate)     20 May 2010

I do agree with the view of learned friend Mr. Pankaj Rai.

R Shukla (lawyer)     20 May 2010

Definitely such a sitting member cannot be permitted to practice, for the simple reason that he may misuse his authority and thereby attempt to influence the Court before which he is practicing. Irrespective, if he is receving any salary or honaraium as said, yet he is discharging functions of a Quasi-Judicial Authority & hence he is prohibited from private practice.

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     21 May 2010

yes as per advocates act practice cannot be allowed.

there has been latest amendment in advocates act kindly note the same.

if a person been part of judiciary system he cannot practise in equivalent court in which he was a memeber of judiciary system, after retirement.


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