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Section 26 of Advocates Act 1961 - Disposal of an application for admission as an advocate

What is Disposal of an application for admission as an advocate? Section 26 of Advocates Act, 1961

 

Section 26 : Disposal of an application for admission as an advocate

(1) A State Bar Council shall refer every application for admission as an advocate to its enrolment committee, and subject to the provisions of sub-sections (2) and (3) and to any direction that may be given in writing by the State Bar Council in this behalf, such committee shall dispose of the application in the prescribed manner:

PROVIDED that the Bar Council of India may, if satisfied, either on a reference made to it in this behalf or otherwise, that any person has got his name entered on the roll of advocates by misrepresentation as to an essential fact or by fraud or undue influence, remove the name of such person from the roll of advocates after giving him an opportunity of being heard.

(2) Where the enrolment committee of a State Bar Council proposes to refuse any such application, it shall refer the application for opinion to the Bar Council of India and every such reference shall be accompanied by a statement of the grounds in support of the refusal of the application.

(3) The enrolment committee of a State Bar Council shall dispose of any application referred to the Bar Council of India under sub-section (2) in conformity with the opinion of the Bar Council of India.

(4) Where the enrolment committee of a State Bar Council has refused any application for admission as an advocate on its roll, the State Bar Council shall, as soon as may be, send intimation to all other State Bar Councils about such refusal stating the name, address and qualifications of the person whose application was refused and the grounds for the refusal.

 

ADVOCATES ACT 1961

Section 16 : Senior and other advocates

Section 17 : State Bar Councils to maintain roll of advocates

Section 18 : Transfer of name from one State roll to another

Section 19 : State Bar Councils to send copies of rolls of advocates to the Bar Council of India

Section 20 : Special provision for enrolment of certain Supreme Court advocates

Section 21 : Disputes regarding seniority

Section 22 : Certificate of enrolment

Section 23 : Right of pre-audience

Section 24 : Persons who may be admitted as advocates on a State roll

Section 24A : Disqualification for enrolment

Section 25 : Authority to whom applications for enrolment may be made

Section 26 : Disposal of an application for admission as an advocate

Section 26A : Power to remove names from roll

Section 27 : Application once refused not to be entertained by another Bar Council except in certain circumstances

Section 28 : Power to make rules

CHAPTER IV RIGHT TO PRACTICE

Section 29 : Advocates to be the only recognized class of persons entitled to practice law

Section 30 : Right of advocates to practice

Section 31 - Special Power of Attorney (Repealed)

Section 32 : Power of court to permit appearances in particular cases

Section 33 : Advocates alone entitled to practice

Section 34 : Power of High Courts to make rules

CHAPTER V CONDUCT OF ADVOCATES

Section 35 : Punishment of advocates for misconduct

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