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Sanjiva Row's The Advocates Act 1961

Sanjiva Row's The Advocates Act 1961

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Description
The Advocates Act 1961 was enacted to lay down the rights and obligations of legal practitioners in India. It created statutory bodies, namely the bar councils for each state as well as the Bar Council of India. The aim behind the same was to regularise the legal system as well as to provide a forum to redress complaints and provide for disciplinary action.
The seventh edition, revised by D V Subba Rao, a concise commentary on various provisions of the Advocates Act 1961, explains the law in a simplified manner and also supplements, wherever necessary, the contentions with appropriate case law.
The updated edition includes latest judgments from the Supreme Court as well as various high courts and features:
 • Suggestions on improving the law regulating legal professionals
 • Changing role of the profession
 • Effect of international treaties that India has entered into vis-a-vis the legal profession and the need to protect the interests of the Indian Bar.
Provision of appendices such as the latest Bar Council Rules as well as laws, rules and regulations concerning advocates in other countries, further enhances its utility. It thus acts as an invaluable guide and an easy reference tool for advocates, students and for any one interested to know more about the law regulating the legal profession.
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Contents
 The Advocates Act 1961 – Preamble
Chapter 1. Preliminary
1.    Short Title, Extent and Commencement
2.    Definitions
Chapter 2. Bar Council
3.    State Bar Councils
4.    Bar Council of India
5.    Bar Council to be body corporate
6.    Functions of State Bar Councils
7.    Functions of Bar Council of India
8.    Term of Office of members of state bar council
8A.  Constitution of Special Committee in the absence of election
9.    Disciplinary committees
9A.  Constitution of Legal Aid Committees
10.  Constitution of committees other than disciplinary committees
10A.Transaction of business by Bar Councils and committees thereof
10B.Disqualification of members of Bar Council
11.  Staff of Bar Council
12.  Accounts and Audit
13.  Vacancies in Bar Councils and committees thereof not to invalidate
       action taken
14.  Election o Bar Council not to be questioned on certain grounds
15.  Power to make rules
Chapter 3. Admission and Enrolment of Advocates
16.  Senior and other advocates
17.  State Bar Councils to maintain roll of Advocates
18.  Transfer of name from one State roll to another
19.  State Bar Councils to send copies of rolls of advocates to the Bar Council
       of India
20.  Special provision for enrolment of certain Supreme Court Advocates
21.  Disputes regarding seniority
22.  Certificate of enrolment
23.  Right of pre-audience
24.  Persons who may be admitted as advocates on a State roll
24A.Disqualification of enrolment
25.  Authority, to whom applications for enrolment may be made
26.  Disposal of applications for admission as an advocate
26A.Power to remove names from roll
27.  Application once refused not to be entertained by another Bar Council except
       in certain circumstances
28.  Power to make rules
Chapter 4. Right to Practise
29.  Advocates to be the only recognized class or persons entitled to practice law
30.  Right of advocates to practise
31.  Special provision for attorneys
32.  Power of court to permit appearances in particular cases
33.  Advocates alone entitled to
34.  Power of High Courts to make rules
Chapter 5. Conduct of Advocates
35.  Punishment of advocates for misconduct
36.  Disciplinary Powers of Bar Council of India
36A.Changes in constitution of disciplinary committees
36B.Disposal of disciplinary proceedings
37.  Appeal to Bar Council of India
38.  Appeal to the Supreme Court
39.  Application of Sections 5 and 12 of Limitation Act 1963
40.  Stay of order
41.  Alteration in roll of advocates
42.  Powers of disciplinary committee
42A.Powers of Bar Council of India and other committees
43.  Cost of proceedings before a disciplinary committee
44.  Review of orders by disciplinary committee
Chapter 6. Miscellaneous
45.  Penalty for persons illegally practicing in courts and before other authorities
46.  [* * *]
46A.Financial assistance to State Bar Council
47.  Reciprocity
48.  Indemnity against legal proceedings
48A.Power of revision
48AA.Review
48B.Power to give directions
49.  General power to the Bar Council of India to make rules
49A.Power of Central Government to make rules
50.  Repeal of certain enactments
51.  Rule of construction
52.  Saving
Chapter 7. Temporary and Transitional Provisions
53.  Elections to first State Bar Council
54.  Term of office of members of first State Bar Councils
55.  Rights of certain existing legal practitioners not affected
56.  Dissolution of existing Bar Councils
57.  Power to make rules pending the constitution of a Bar Council
58.  Special provisions during the transitional period
58A.Special provisions with respect to certain advocates
58AA.Special provisions in relation to the Union territory of Pondicherry
58AB.Special provisions with respect to certain persons enrolled by Karnataka
       State Bar Council
58AC.Special provisions with respect to certain persons enrolled by Uttar Pradesh
       State Bar Council
58AD.Special provisions with respect to certain persons migrating to India
58AE.Special provisions in relation to the Union territory of Goa, Daman and Diu
58AF.Special provisions in relation to Jammu and Kashmir
58AG.Special provisions in relation to articled clerks
58B.Special provision relating to certain disciplinary proceedings
59.  Removal of difficulties
60.  Power of Central Government to make rules
Appendices
  Subject Index
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Author Details
Akshay Sapre, Advocate, High Court of Madhya Pradesh
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