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Home >>Law Colleges >> Right of Advocates to Practise

Right to Practise
Advocates to be the only recognised class of persons entitled to; practise law: Subject to the provisions of this Act* and any rules made thereunder, there shall, as from the appointed day, be only one class of persons entitled to practise the profession of law, namely, advocates.

Right of advocates to practise: Subject to the provisions of this Act, every advocate whose name is entered in the (State Roll) shall be entitled as of right to practise throughout the territories to which this Act extends:
(i) in all courts including the Supreme Court;
(ii) before any tribunal or person legally authorised to take evidence;
(iii) before any other authority or person before whom such advocate is, by or under any law for the time being in force, entitled to practise.

Power of court to permit appearances in particular cases: Notwithstanding anything contained in this Chapter, and court, authority or person may permit any person, not enrolled as an advocate under this Act to appear before it or him in any particular case.

Advocates alone entitled to practise:Except as otherwise provided d in this Act or in any other law for the time being in force no person shall, on after the appointed day, be entitled to practise in any court or before any authority or person unless he is enrolled as an advocate under this Act.

Power of High Courts to make rules: The High Court may make rules laying down the conditions subject to which an advocate shall be permitted to practise in the High Court and the court subordinate thereto.
(a)The High Court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of fees of his adversary's advocate upon all proceedings in the High Court or in any Court subordinate thereto.

(b)Without prejudice to the provisions contained in sub-section (1), the High Court at Calcutta may make rules providing for the holding of the Intermediate and the Final examinations for articled clerks to be passed by the persons referred to in section 58-AG for the purpose of being admitted as advocates on the State roll and any other matter connected therewith.

 

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