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SATYANARAYANA MURTY (N)     13 October 2022

Discharged insolvent can enroll as advocate

One person declared as insolvent in the year 2013 asper Ip order he discharged after 6 months of order. later in 2017 he joined in 5 years LLB and completed in 2022.

Can he enroll as Advocate?

Can Bar council object him for enrollment

Any decided cases regarding this issue? 



 1 Replies

B HARISH KUMAR GOUD (Advocate)     18 October 2025

Yes — the bar council may object, but the scope of valid objection is limited:

  • If the person remained undischarged at the time of application, then the bar council must refuse enrolment under Section 24A(c).

  • If the person is discharged, the bar council may still inquire into the circumstances (e.g., whether discharge is valid, was the insolvency due to fraud or misconduct, whether the person is a “fit and proper person” to be enrolled). The enrolment forms show the bar council expects full particulars of insolvency and discharge.

  • The concept of “fit and proper person” is not explicitly spelled out in Section 24/24A for insolvency, but the bar council often uses its rule-making power and discretion (and the notion of professional ethics) to assess suitability.

 


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