Saturday, August 20, 2016

SC stays Bar Council rules for verifying lawyers


SC stays Bar Council rules for verifying lawyers

Posted at: Aug 17, 2016, 6:10 PM

Legal Correspondent

The Supreme Court on Wednesday suspended the operation of the Bar Council of India (BCI) rules under which the state bar councils have to verify the original certificates of all lawyers by September 30 to weed out those holding fake degrees.

On June 10, the court had exempted the Advocates-on-Record (AoRs) from the BCI drive while hearing a batch of petitions by various AoR associations. It had clarified that it would go into the question of the BCI’s power to amend, through a resolution, the rules under Section 49(1) of the Advocates Act, 1961, making the verification mandatory.

On Wednesday, a Bench comprising Justices MB Lokur and RK Agrawal stayed the rules on a writ petition by the All India Association of Jurists pleading that the Certificate and Place of Practice (Verification) Rules, 2015, were unconstitutional and in violation of the Advocates Act.

Representing a large number of advocates, the association said an added condition was sought to be imposed on lawyers for letting them practise. The Advocates Act prescribed the qualification as well as the disqualification for advocates. The fresh rules inserting an additional qualification did not find any support from the substantive provisions of the Advocates Act, it pleaded.


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As per the new rule by name “Certificate and Place of Practice (Verification) Rules, 2015” framed by the Bar Council of India, Hon’ble Supreme Court of India has directed to proceed the BCI as per the Rules framed by them. 

As such all those Advocates who have been came for practice before 2010 Batch should produce the following documents to the Office Bearer of our Association on or before 30th June, 2016:

1. Certified Copy of Vakalat or Memo of Appearance (5 Nos.).
2. Photo Copies of SSLC and H.Sc., Mark Lists.
3. Photo Copy of B.L., Degree/Provisional Certificate.
4. Photo Copy of Enrolment Certificate.
5. Two Passport size Photos.
7. Demand Draft for Rs.400/- to be drawn infavour of "Secretary, BCI - Verification Rules, 2015 - BCTN"

 
 
 
 
 
 


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This Blog Spot is meant for publishing important announcements and intimations from the Pondicherry Bar Association as we collected from the renowned Dailies, Magazines, etc., so as to create an awareness to the general public and also to keep it as a ready reckoner by them. As such the readers may extend their gratitude towards the Original Author as we quoted at the bottom of each Post under the title "Courtesy". Furthermore, the Blog Author is no way responsible for the correctness of the materials published herein since the information furnished herein are of informative in nature and the readers may verify the concerned valuable sources.



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