A senior Advocate shall not file a Vakalatnama or act in any court or Tribunal or before any person or other authority mentioned in Section 30 of the Act.
Order IV Rule 2 (b) of the Supreme Court Rules 1966 states:
A senior Advocate shall not (1) file a Vakalatnama or act in any court. Word 'acting' is defined as "Acting means filing an appearance or any pleadings or application in any court."
An advocate who is enrolled in the State Bar Council Roll anywhere in India is entitled as of right to practice throughout India in all courts including the Supreme Court, and before any Tribunal or authority legally authorised to take evidence.
However, the right of any advocate to practice before a Tribunal is not absolute but in some cases has been taken away or restricted by law, e. g. in the case of Industrial Courts, Family Courts where an Advocate, simpliciter, cannot appear merely by virtue of his Vakalatnama, without the consent of the opposite party, as the Industrial Dispute Act and Family Courts Act are special pieces of legislation which prevails over Advocates Act, 1961 which is a general piece of legislation.
Order IV Rule 2 (b) of the Supreme Court Rules 1966 states:
A senior Advocate shall not (1) file a Vakalatnama or act in any court. Word 'acting' is defined as "Acting means filing an appearance or any pleadings or application in any court."
An advocate who is enrolled in the State Bar Council Roll anywhere in India is entitled as of right to practice throughout India in all courts including the Supreme Court, and before any Tribunal or authority legally authorised to take evidence.
However, the right of any advocate to practice before a Tribunal is not absolute but in some cases has been taken away or restricted by law, e. g. in the case of Industrial Courts, Family Courts where an Advocate, simpliciter, cannot appear merely by virtue of his Vakalatnama, without the consent of the opposite party, as the Industrial Dispute Act and Family Courts Act are special pieces of legislation which prevails over Advocates Act, 1961 which is a general piece of legislation.
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