Advocates Act

Only available on StudyMode
  • Download(s) : 3492
  • Published : October 22, 2012
Open Document
Text Preview
THE ADVOCATES ACT, 1961

The legal profession as it exists today was created and developed during the British period.

However, it is notable that in earlier days of the British period the legal profession was not paid due attention and it was not well organized.

Actually the east India Company was not interested in organizing the legal profession. There was no uniform judicial system in the settlements of the east India Company.

After introduction of so many charters by the company it enacted The Indian High Courts Act, 1861 (commonly known as the Charter Act) passed by the British Parliament enabled the Crown to establish High Courts in India by Letters Patent and these Letters Patent authorized and empowered the High Courts to make rules for advocates and attorneys (commonly known as Solicitors).

The law relating to Legal Practitioners can be found in the Legal Practitioners Act, 1879 and the Indian Bar Councils Act, 1926.

Legal Practitioners Act, 1879 came into force with effect from 1st January, 1880. In 1879, the legal practitioners act was passed to consolidate and it amend the law relating to the legal practitioners. Under the legal practitioners act, 1979 the term “legal practitioner” has been used for advocate, vakil or attorney of a high court and pleader, Mukhtar or revenue agent. All these were brought under the jurisdiction of high court.

A Person who is qualified to be pleader / vakil / muktas has to appear for examination and after obtaining the certificate he / she may apply under Sec. 7 of the Legal Practitioners Act and Register their name in any Court or Revenue Office situated within the local limits of the Appellate Jurisdiction of the High Court.

As Per Sec. 11 of this Act, the High Court may frame the rules declaring what shall be deemed to be the functions, powers and duties of pleaders / vakils / muktas.

As per Sec. 13 of this Act, the High Court has Disciplinary control over Pleaders / Vakils / muktas by...
tracking img