# ENROLMENT OF MUKHTARS AS ADVOCATES

- **Citation:** C.L. No. 36/VII-f-187
- **Court:** Allahabad High Court
- **Decided:** 1969-06-01
- **Case number:** C.L. No. 36/VII-f-187
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/enrolment-of-mukhtars-as-advocates-163976
- **Pages:** 1

## Text

515
CHAPTER - XIII
LEGAL PRACTITIONERS

1.
ENROLMENT OF MUKHTARS AS ADVOCATES
C.L. No. 36/VII-f-187 dated 4th May, 1965

According to sections, 24 and 29 of the Advocates Act, 1961 and the rules framed
by the State Bar Council under section 24 of the said Act a Mukhtar should not ordinarily
be certified to be fit for enrolment as an Advocate. In extraordinary cases, however,
where the District Judge is satisfied that by reason of special ability, command on the
relevant language and knowledge of the law a particular person is capable of ably
conducting cases even in the High Court and the Supreme Court, he may give the
necessary certificate while sending the application to the State Bar Council.
C.L. No. 4/25f Admn. (D) dated 11th January, 1979

It invites attention to section 55 of the Advocates Act, 1961, which provides that,
notwithstanding anything contained in this Act, every pleader or vakil practicing as such
immediately before the date on which Chapter IV of the Act (which deals with rights to
practice and came into force on June 1, 1969) comes into force, by virtue of the
provisions of the Legal Practitioners Act, 1879, if he does not elect to be, or is not
qualified to be enrolled as an Advocate under the Advocates Act, 1961 shall,
notwithstanding the repeal of the relevant provisions of the Legal Practitioners Act, 1879
continue to enjoy the same rights as respects practice in any court or before any authority
or person and shall be subject to the disciplinary jurisdiction of the same authority which
be enjoyed or, as the case may be, to which he was subject immediately before the said
date.

In view of the above provision a pleader or a vakil, who was not practicing
immediately before the commencement of Chapter IV of the Advocates Act, 1961 will
not be entitled to practice as a pleader or a vakil thereafter.
2.
MISCONDUCT
G.L. No. 22 dated 18th June, 1930
(i)
Legal Practitioner not to absent himself from court

The letters noted in the bloc invites attention to a Resolution of the High Court,
dated 17th June, 1930, pointing out that a member of the legal profession is guilty of an
unprofessional act if he breaks his contract with his client and does not appear in court on
any day as a protest against certain political or administrative action of the Government,
the appropriate punishment for which is, at the least, suspension from practice for a
considerable period.

If any lawyer breaks his contract with his client and fails to present himself in
court because he disapproves of some action of the Government or for any other allied
irrelevant and improper reason, such lawyer will be called upon to show cause why he
should not be removed from the roll or suspended from practice.