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Questions and Answers
How is the seniority of an advocate determined under clause (a) of sub-section (1)?
How is the seniority of an advocate determined under clause (a) of sub-section (1)?
- Based on the number of cases handled in court.
- In accordance with directives from the Supreme Court.
- By the advocate’s years of experience in the field.
- According to the date of enrolment under the Indian Bar Councils Act, 1926. (correct)
What principle is used to determine the seniority of a senior advocate of the Supreme Court before the appointed day?
What principle is used to determine the seniority of a senior advocate of the Supreme Court before the appointed day?
- It follows the general seniority rules of other advocates.
- The principles are specified by the Bar Council of India. (correct)
- It is based solely on the advocate's performance in high-profile cases.
- Senior advocates are ranked randomly by the Bar Council.
When determining the seniority of advocates enrolled as of the appointed day, which date is relevant?
When determining the seniority of advocates enrolled as of the appointed day, which date is relevant?
- The date they received their law degree.
- The date of their first practice in the field.
- The date of their enrolment or admission. (correct)
- The date they became licensed to practice law in India.
Which of the following statements is true regarding the enrollment of advocates?
Which of the following statements is true regarding the enrollment of advocates?
How is the seniority of an attorney enrolled as an advocate determined?
How is the seniority of an attorney enrolled as an advocate determined?
What is the short title of the Act that consolidates the law relating to legal practitioners in India?
What is the short title of the Act that consolidates the law relating to legal practitioners in India?
In which year was the Advocates Act enacted?
In which year was the Advocates Act enacted?
Which of the following regions does the Advocates Act specifically mention for separate enforcement dates?
Which of the following regions does the Advocates Act specifically mention for separate enforcement dates?
What does the term 'sub-section' refer to in the context of the Advocates Act?
What does the term 'sub-section' refer to in the context of the Advocates Act?
When did the provisions of Chapter I, II, and VII of the Advocates Act come into force?
When did the provisions of Chapter I, II, and VII of the Advocates Act come into force?
Which governmental body is responsible for appointing the enforcement date of the Advocates Act?
Which governmental body is responsible for appointing the enforcement date of the Advocates Act?
What is the purpose of the Advocates Act, 1961?
What is the purpose of the Advocates Act, 1961?
Which of the following statements about the Advocates Act is true?
Which of the following statements about the Advocates Act is true?
Who hears every appeal made under the relevant sections regarding disciplinary actions?
Who hears every appeal made under the relevant sections regarding disciplinary actions?
What is required before the disciplinary committee of the Bar Council of India can vary an order in a prejudicial manner?
What is required before the disciplinary committee of the Bar Council of India can vary an order in a prejudicial manner?
What is the time limit within which a person can appeal to the Supreme Court after an order by the Bar Council of India?
What is the time limit within which a person can appeal to the Supreme Court after an order by the Bar Council of India?
Which of the following statements is true regarding the stay of an order under the disciplinary process?
Which of the following statements is true regarding the stay of an order under the disciplinary process?
What can the Supreme Court do regarding an order from the disciplinary committee of the Bar Council of India?
What can the Supreme Court do regarding an order from the disciplinary committee of the Bar Council of India?
What provisions apply to appeals under sections 37 and 38 regarding timing?
What provisions apply to appeals under sections 37 and 38 regarding timing?
What happens to an appeal made under sections 37 or 38 in terms of its effect on the original order?
What happens to an appeal made under sections 37 or 38 in terms of its effect on the original order?
Which among the following parties can file an appeal to the Supreme Court concerning the disciplinary actions?
Which among the following parties can file an appeal to the Supreme Court concerning the disciplinary actions?
What must an advocate do to transfer their name from one State Bar Council to another?
What must an advocate do to transfer their name from one State Bar Council to another?
What happens to an advocate's seniority when their name is transferred to another State Bar Council?
What happens to an advocate's seniority when their name is transferred to another State Bar Council?
Under what condition can the Bar Council of India reject a transfer application?
Under what condition can the Bar Council of India reject a transfer application?
What must a State Bar Council do upon preparing its roll of advocates?
What must a State Bar Council do upon preparing its roll of advocates?
What is the significance of the provision regarding the bona fide nature of a transfer application?
What is the significance of the provision regarding the bona fide nature of a transfer application?
What action must a State Bar Council take after making changes to its roll of advocates?
What action must a State Bar Council take after making changes to its roll of advocates?
What is NOT a requirement for an advocate to apply for a transfer?
What is NOT a requirement for an advocate to apply for a transfer?
Who has the authority to direct the transfer of an advocate's name between State Bar Councils?
Who has the authority to direct the transfer of an advocate's name between State Bar Councils?
What happens to the rights of legal practitioners who practiced before the new Act came into force?
What happens to the rights of legal practitioners who practiced before the new Act came into force?
Which Act allows certain practitioners to maintain their rights despite the new legislation?
Which Act allows certain practitioners to maintain their rights despite the new legislation?
What occurs to the properties and assets of the existing Bar Councils when a new Bar Council is constituted?
What occurs to the properties and assets of the existing Bar Councils when a new Bar Council is constituted?
Which of the following does NOT retain its disciplinary jurisdiction under the new Act?
Which of the following does NOT retain its disciplinary jurisdiction under the new Act?
Who is subject to the disciplinary jurisdiction of the same authority as before the new Act?
Who is subject to the disciplinary jurisdiction of the same authority as before the new Act?
Which statement about mukhtars is correct under the new legislation?
Which statement about mukhtars is correct under the new legislation?
What does the term 'pleader' most likely refer to in this context?
What does the term 'pleader' most likely refer to in this context?
Under which of the following conditions does the relevant legislation remain effective for certain practitioners?
Under which of the following conditions does the relevant legislation remain effective for certain practitioners?
Study Notes
The Advocates Act, 1961
- The Advocates Act, 1961 was enacted to amend and consolidate the law relating to legal practitioners in India.
- The Act provides for the constitution of Bar Councils and an All-India Bar.
- The Act came into force on different dates for different provisions, starting on 16th August 1961.
- The Act covers the whole of India, except Jammu and Kashmir and the Union Territory of Goa, Daman and Diu, which were brought under the Act on later dates.
Definitions
- The Act defines key terms such as “advocate”, “Bar Council of India” and “State Bar Council”.
- The Act clarifies that an advocate can only be enrolled on the roll of one State Bar Council.
Enrolment as Advocate
- There are specific procedures for enrolment as an advocate, which involve satisfying eligibility criteria and applying to the State Bar Council.
- The Act defines the procedure for determining the seniority of enrolled advocates, based on their date of enrolment and other factors.
Disciplinary Proceedings
- The Act establishes a system for disciplinary proceedings against advocates, with a two-tier system: the first tier involving the State Bar Council, and the second tier involving the Bar Council of India.
- There is a right of appeal against disciplinary orders to the Supreme Court.
Existing Legal Practitioners
- The Act provides for the continuation of rights and practice for existing legal practitioners who did not elect to become advocates under the new Act.
Dissolution of Existing Bar Councils
- The Act provides for the dissolution of existing Bar Councils and the vesting of their properties and assets in the newly constituted Bar Councils.
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Description
Test your knowledge of The Advocates Act, 1961, which consolidates and amends the law related to legal practitioners in India. This quiz covers definitions, enrolment procedures, and key terms outlined in the Act. See how well you understand this important legislation influencing legal practice in the country.
