Ans. 1.Right to Practice (s. 30) 2.Right to charge fee (BCI rules) –Fee consistent with standing at the bar and nature of the case. SALIENT FEATURES OF ADVOCATES ACT, 1961 SUBMITTED TO JHANVI The Advocates Act, 1961 INDEX 1. There were various provisions set up for the Bar Council at state and central level. The salient features of the Bill are:-(a) The minimum punishment for taking or abetting the taking of dowry under section 3 of the Act has been raised to five years and a fine of rupees fifteen thousand. 2. Long : Answer prepared by: 0: Print: Note: These answers are for guidance purpose. Right to Practice - A Right or Privilege? The lawyers are those who assist the courts to give a correct judgment. Disqualification for Enrolment 6. (1) This Act may be called the Dowry Prohibition Act, 1961. 2. 25 of 1961) Contents: Sections: Particulars : Introduction : Preamble: Chapter I: Preliminary: 1: Short title, extend and commencement According t o it , an Advocat e means " an advocat e ent ered in any roll under t he provisions of t his Act." Provisions for Bar Council of India at Central Level and State Bar Council in each state. 1. Qualification for Enrolment 5. State Bar Council 3. Although the advocates have the right to practice in any court, there is a provision under this act which provides the courts to allow or deny an advocate to practice in that court. In order that a person who has obtained a degree in law may be eligible for such enrolment, he has to undergo a course of training in law and pass an examination thereafter as required by section 24(1)(d) of the Act. DTC will emerge as a single window solution for all taxpayers. The Advocates Act, 1961. Combined all the existing laws on the legal profession. by Act 60 of 1973, Sec.2, forsub-section (2) (w.e.f.31-1-1974)) It extends (Note The Act has been extended to-The Union territory of Dadra & Nagar Haveli by Regulation 8 of 1963, The Union territory of Pondicherry by Act 26 of 1968, Sec.3 and Sch.) 2. Lawyers Privilege The provisions of Section 35 of the Advocates Act deal with professional misconduct of lawyers and advocates in India, which read as: A person is found guilty of professional misconduct; it shall refer the case to a disciplinary committee, shall fix a date of hearing and issue a show cause notice to the Advocate and the Advocate General of the State. According to this act, advocates have the right to practice in any court. May, 1961.] Short title, extent and commencement. It provided for the provisions for similar roll of Advocates throughout the country. The Act has consolidated all the existing law on legal profession. Tag: advocates act law study notes. MISCELLANEOUS. 14. Provisions for similar roll of Advocates throughout India. And section 49(1)(c) allows the bar council of India to make rules as to suggest the standard of professional conduct to be observed by advocates. (1) Receipt of a complaint or otherwise, –Guilty of professional or other misconduct, –Refer the case to the disciplinary committee, (2) After an opportunity for the advocate and the Advocate-General of being heard, –Dismiss the complaint/ file the proceedings, •Once suspended, he is debarred for that time from practicing in India, •One year time allotted to dispose of the case, otherwise case transferred to BCI, •Third person – advocate having 10 years’ standing and who is not a member of BCI, –All the powers of a Civil Court under Code of Civil Procedure, 1908 namely, –Summoning and enforcing the attendance and examining on oath, –Requiring discovery and production of documents, –Issuing commissions for examination of witnesses, •DC may send summons or other process for the attendance of a witness or production of a document, –Review of orders by the Disciplinary Committee (s. 44), •DC of BCI or SC may stay the proceedings. The Legal Practitioners (Fees) Act, 1926 The whole. 1. The Bar Council of India is the chief administrative body to manage the system and consistency of law in India. The salient features of The Advocates Act 1961 were: 1. #LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon Under the Advocates Act, 1961, what is the ambit of the law-making power of the Bar Council? Bar Council of India 4. The way the President and the Vice President are to be elected. Rights and Privileges of an Advocate. 25 OF 1961 [19th. Now there were five members for home, military, law, revenue and finance. from Symbiosis Law School, Pune specializing in Intellectual Property Law. The Act has made provision for the creation of Bar Council of India at the Central level and State bar Councils in each state. Senior Advocate 7. 4. The Legal Practitioners (Fees) Act, 1926 The whole. The Act has consolidated all the existing law on legal profession. The Parliament has established The Bar Council of India under section 4 of The Advocate Act,1961. 4. The Advocates Act, 1961 is a law go by the Parliament and is controlled and implemented by the Bar Council of India. Advocate on Record 8. Subject: Law Topic: What are the salient features of the Advocate Act 1961? Salient Features of The Advocates Act, 1961 Admission and Enrollment (s. 24) 1. Provisions for Bar Council of India at Central Level and State Bar Council in each state. Advocates Act 1961 Salient Features Search. INCOME TAX ACT, 1961 The Income Tax Act 1961 is a revenue law. 5. Advocates Act 1961 Salient Features Search. Provisions for Bar Council of India at Central Level and State Bar Council in each state. (b) completed age of 21 years. (c) obtained a degree of law from a University recognized by Bar Council of … 2. But as per sec.2 (7) of I.T Act, assessee Means “Any person by whom tax or any other … An advocate is initially enrolled with a State Bar Council and a common roll of all the advocates in the country is … Provisions for similar roll of Advocates throughout India. 28 OF 1961 [20th May, 1961] An Act to prohibit the giving or taking of dowry. 2. STATEMENTS OF OBJECTS AND REASONS "The Bill seeks to implement the recommendations of the All India Bar Committee made in 1953, after taking into account the recommendations of the Law Commission on the subject of Reform of Judicial Administration in so far as the recommendations relate to the Bar and to legal education. THE ADVOCATES ACT, 1961 No.25 OF 1961 [19th May, 1961] An Act to amend and consolidate the law relating to legal practitioners and to provide for the constitution of Bar Councils and an All-India Bar. Long : Answer prepared by: 0: Print: Note: These answers are for guidance purpose. Advocates act 1976 This online webpage contains the amendments that took place in year 1976 in the advocates act 1961. SALIENT FEATURES OF THE INDIAN ADVOCATES ACT, 1961 INTRODUCTION The Indian Advocates Act, 1961 was brought into force to implement all recommendations made by the All India Bar Committee. Single Destination for all Direct Tax laws. If you are author or own the copyright of this book, please report to us by using this DMCA report form. 3. THE ADVOCATES ACT, 1961. Firstly, I would like to thank our History Professor Dr. Priya Darshini for her valuable suggestions towards the making of this project. If you think you can better this answer or give us suggestions please do email us at web_info @ goforthelaw.com. Salient features. And by vesting legislative powers in the Governments of Bombay and Madras which ultimately culminated in grant of almost complete internal autonomy to the provinces in the 1937. 3. Earlier, according to the Legal Practitioners Act, lawyers were classified as advocates, lawyers, vakil etc. Save my name, email, and website in this browser for the next time I comment. It will eventually paves the way for unified direct tax reporting system. Provisions of the Indian Councils Act 1861. Mr. K.K Trivedi Mr. Kartikaya Pipliwal 2. BIBLIOGRAPHY 3 4 7 14 15 2 ACKNOWLEDGEMENT Any project completed or done in isolation is unthinkable. (2) It extends to the whole of India except the State of Jam and Kashmir. 2. CLICK TO ORDER ACCUSTOMED PAPER The paper will be accustomed to your specification and to the format of your choice. In India, the law relating to the Advocates is the Advocates Act, 1961 introduced and thought up by Ashoke Kumar Sen, the then law minister of India, which is a law passed by the Parliament and is administered and enforced by the Bar Council of India. THE ADVOCATES ACT, 1961 THE SCHEDULE [See section 50(5)] Repeal of certain enactments Short title Extent of repeal 1. This act made a provision to set up the Bar Council of India as an autonomous body, which would be given powers to carry out and discharge certain duties and perform certain functions. Quite simple to understand and really easy to comprehend. (A sixth member for public works was added in 1874.) ACT NO. They are then also classified as “Senior Advocates” and “other advocates” on their merit. Contents. Salient Features: "Advocate": Sn.2 (a) of t he Advocat es Act 1961 defines an " Advocat e". Labour announced the new amendments, bring an amendment to Maternity. Write the salient features of the Advocates Act, 1961. 5. Keep up the great work. The bill was conceded in both houses and finally the Advocates Act, 1961 came into force. 3. Another video on Indian legal history. It also provided to combine all the laws of the legal system into one. Advocates Act, 1961. Salient features of the Maternity Benefit (Amendment) Act,2017Salientfeatures of the Maternity Benefit (Amendment) Act,2017 The Act extends to whole of India to all mines, plantations, shops, establishments and factories either in organized or It is to regulate and represent the Indian bar. - 10010165 (23 of 1923). Under the Advocates Act, 1961 a State Bar Council has been empowered to enrol qualified persons as advocates on its roll. BE it enacted by Parliament in the Twelfth Year of the … 19th May, 1961 . The main features of the Bill are, - 1. 2. The act was brought about to amend and merge the laws governing the constitution of the All-India Bar council and the state bar councils as well as laws related to legal practitioners. .- In this Act, unless the context otherwise requires,- (a) "advocates" means an advocate entered in any roll under the provisions of this Act; (b) "appointed day", in relation to any provision of this Act, means the day on which that provision comes into force; (c) "attorney" includes a solicitor; (d) "Bar Council" means a Ba… The legal practice of advocates is established in the Advocates Act, 1961. Lawyers Privilege Bar Council of India 4. However, the legislative councils were … By LawJournal Class Notes, LLB Guide, Professional Ethics June 25, 2012 May 12, 2018. View 339925881-SALIENT-FEATURES-OF-ADVOCATES-ACT-1961.pdf from LAW 102 at National University of Study and Research in Law, Ranchi. We recommed you to study further and write more elaborately. 1.Right to Practice (s. 30) 2.Right to charge fee (BCI rules) –Fee consistent with standing at the bar and nature of the case. Salient Features of the Advocates Act, 1961 (contd.) In the context of the Indian law, an advocate is a subset of a lawyer. In India, each State has its own Bar Council whose role is to register the Advocates willing to practice within a particular State or region. I currently teach law at R L Law College, Belagavi, Karnataka. This Act furnished fully what the advocates, vakils enrolled in the bar should do and should not do. but this act scrapped these titles off and put everyone under the single title of advocate. This Act may be called the Advocates Act, 1961. View 339925881-SALIENT-FEATURES-OF-ADVOCATES-ACT-1961.pdf from LAW 102 at National University of Study and Research in Law, Ranchi. (23 of 1923). Any advocate cannot enroll himself/ herself in more than one State Council, though he can be transferred from one state council to another. The Preamble of the Act provides for the establishment of Bar Councils at state level and All India Bar Council. Salient Features of the Advocates Act, 1961 (contd.) Type: PDF; Date: October 2019; Size: 806.4KB; Author: Nandini Tarway; This document was uploaded by user and they confirmed that they have the permission to share it. –Matters where he has pecuniary interest, •Bankruptcy petition when he is a creditor, •Eligibility- ten years’ on the state roll, •Term for ex-officio members- two years or ceases to be a member of SBC, 1. (using Microsoft Word, Times New Roman or Aerial, 12-point font, 1 inch margins, single or double space). October 26, 2013 April 8, 2015 Administrator. The Legal Practitioners (Women) Act, 1923 The whole. Advocates on Roll 9. Act No. Advocates Act, 1961 (Act no. Discuss the salient features of advocates act 1961 2 See answers gauravarduino gauravarduino Explanation: The main features of the Act are, (1) Establishment of an All India Bar Council and a number of State Bar Councils – a federal structure for legal profession. In other words, while all advocates are lawyers, not every lawyer is an advocate. The main features of this act are as follows-, Author: Vaishnavi Menon, MIT WPU School of Law, 1st year. Although only Advocates have the liberty to practice/carry on litigation in Courts, there is a provision under the Act which gives the Court power to … Amicus curiae 10. Qualification for Enrolment 5. The establishment of an All India Bar Council and a common roll of advocates, and advocate on the common roll having a right to practice in any part of the country and in any Court, including the Supreme Court; 2. Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). (21 of 1926). The advocates act, 1961 1. If you think you can better this answer or give us suggestions please do email us at web_info @ goforthelaw.com. The Bar Council of India, under this act, can make rules on the matters like the election of other Bar council members or the election of the president and vice president. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows.- 1. It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint. Class Notes on Professional Ethics – Unit V (3rd Sem / 3 year LL.B) Accountancy for lawyers Need for maintenance of accounts Books of accounts that need to be maintained Cash Book, Journal and Ledger Elementary aspects of bookkeeping Meaning object … Indian Councils Act-1861 (UPSC Notes):-Download PDF Here. If there is any dispute regarding the election of any sought or the validity of these elections, the decision of the Bar Council will be final. Bare Act Analysis The Advocates Act, 1961. The Preamble of the Act provides for the establishment of Bar Councils at state level and All India Bar Council. Explain salient feature of maternity benefits act, 1961 with recent amendments. The legislation is enacted with the key objective to modify and combine the law dealing with legal practitioners. Provisions for similar roll of Advocates throughout India. 3. These jobs also add to our social status and our physical well being Under the relevant provisions of the Advocates Act, 1961; Advocates only have the right to practice before any Court (vide Section 33). ), Salient Features of The Advocates Act, 1961, Conduct in Court and Professional Conduct in general, The Legal Profession and Its Responsibilities, Seven Lamps of Advocacy by Justice Abbot Parry. Download PDF - Salient Features Of Advocates Act, 1961 [yl4wyx88z5qr]. 4. 3. Solicitor-General for Delhi), –Electorate more than 10,000 – 25 members, –Half of them should have been members for 10 years, (d) Safeguard the rights, privileges and interests of advocates, (dd)Promote growth of bar associations for implementing welfare schemes, (ee) Conduct seminars, legal talks, publish journals and paper, •Punishment of advocates for misconduct (s. 35), –Discourteous behaviour towards the Bench in the Court, –Use of hot words, epithets or disrespectful, derogatory or threatening language in the Court, –Failing to file a case after acceptance of brief. (b) lay down standards of professional conduct and etiquette, (c) Lay down procedure followed by disciplinary committee of BCI and SBC, (d) Safeguard rights, privileges and interests of advocates, (f) Deal and dispose of any matter under the Act, (g) General control and supervision over SBC, (h) Promote legal education and lay down standards, (i)Recognise law universities and inspect them, (ia) conduct seminars and organise talks , publish journals and papers, (ic) recognise on a reciprocal basis any foreign law degrees for purpose of enrollment, (m) Do all other things necessary for discharging above mentioned functions, (a) welfare schemes for indigent, disabled or other advocates, (2)(a) election of BCI members, voting rules etc, (c) Manner of election of Chairman and VC, (d) Resolving disputes regarding validity of the election, (ga) rules regarding constitution of funds, (gb) organising legal aid and advice to the poor, (h) Summoning and holding of meetings of BC, (i)Constitution and functions of any committee, (k) Qualifications of secretary, accountant etc, –Advocate-General of India (Addl. 2. 3. Advocates act 1961 bare act pdf In case you are looking for the downloadable pdf version of the Advocates act 1961, just click the link above to download the pdf version, readable in adobe acrobat reader. … Short title, extent and commencement. There are various provisions under this act which speak about the punishment of an advocate in case of any misconduct. Based on the Act, only advocates—and not any other subset of a lawyer—are permissible to practice in courts and plead on behalf of others, but only after obtaining the required license. Salient Features of The Advocates Act, 1961. It contains the provisions for determination of taxable income, determination of tax liability, procedure for assessment, appeals, penalties and prosecutions. 4. The salient features are likely to be pronounced under the new direct tax Law. State Bar Council 3. The salient features are likely to be pronounced under the new direct tax Law. THE DOWRY PROHIBITION ACT, 1961. As stated earlier, the different titles like lawyer, vakil was scrapped off and a single title of Advocate was applied.