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Admission and Enrolment of Advocates

8. Enrolment of advocates.-

(1) No person shall be entitled as of right to practice in any High Court, unless his name is entered in the roll of the advocates of the High Court maintained under this Act: Provided that nothing in this sub-section shall apply to any attorney of the High Court.

(2) The High Court shall prepare and maintain a roll of advocates of the High Court in which shall be entered the names of-

(a) all persons who were, as advocates, vakils or pleaders, entitles as of right to practise in the High Court immediately before the date on which this section comes into force in respect thereof; and

(b) all other persons who have been admitted to be advocates of the High Court under this Act: Provided that such persons shall have paid in respect of enrolment the stamp-duty, if any, chargeable under the Indian Stamp Act, 1899 (2 of 1899), and a fee, payable to the Bar Council, which shall be ten rupees in the case of the persons referred to in clause (a), and in other cases such amount as may be prescribed.

1[(3) Entries in the roll shall be made in the order of seniority, and such seniority shall be determined as follows, namely:-

(a) all such persons as are referred to in clause (a) of sub-section (2) shall be entered first in the order in which they were respectively entitled to seniority inter se immediately before the date on which this section comes into force in respect of the High Court; and

(b) the seniority of any other person admitted to be an advocate of the High Court under this Act after that date shall be determined by the date of his admission or, if he is a barrister, by the date of his admission or the date on which he was called to the Bar, whichever date is earlier: Provided that, for the purposes of clause (b), the seniority of a person who before his admission to be an advocate was entitled as of right to practice in another High Court shall be determined by the date on which he became so entitled.

(4) The respective rights of pre-audience of advocates of the High Court shall be determined by seniority: Provided that the Advocate-General shall have pre-audience overall other advocates 2***.]

3[(5)] The High Court shall issue a certificate of enrolment to every person enrolled under this section.

3[(6)] High Court shall send to the Bar Council a copy of the roll as prepared under this section, and shall thereafter communicate to the Bar Council all alterations in, and additions to, the roll as soon as the same have been made.

3[(7)] The Bar Council shall enter in the copy of the roll all alterations and additions so communicated to it.]

1. The provisions of sections 3 to 7, sub-sections (1), (2) and (3) of section 9, section 15 and section 20, shall stand repealed in the territory for which the State Bar Council is constituted vide 25 of 1961, s. 50 (1).



Indian Bar Councils Act, 1926 Back




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