Created by BCL easyConverter SDK 3 (HTML Version)

High court of Madhya Pradesh (Designation of Senior Advocates) Rules, 2012

Published in the official Gazette dated 11th April 2012 (As amended up to 1st July 2015)

No. 469-RG-2012- Whereas Section 16 (2) of the Advocates Act vests the High Court with powers to designate an Advocate as Senior Advocate, The High Court of Madhya Pradesh, in exercise of the powers conferred by Section 34(1) of the Advocates Act, frames the following rules :-

1.Nomenclature - These Rules shall be called the High court of Madhya Pradesh (Designation of Senior Advocates) Rules, 2012.

2.Commencement - These Rule shall come into force the date on which they are published in the Official Gazette.

3.Power of the High Court to Designate a Senior Advocate- The High Court may designate an advocate as Senior Advocate, if in its opinion, by virtue of his ability, standing at the bar, special knowledge, legal acumen, experience in law and high ethical standards; the said advocate deserves conferral of such distinction.

4.Initiation of process of Designation - Such designation as Senior Advocate may be made by the High court either on consideration of an application from the Advocate concerned to the Chief Justice or suo motu. In the latter case, the consent of the Advocate concerned shall be obtained before such designation.

5. Recommendation by a Judge- Any Judge of the High Court may

recommend the name of an advocate for designation as a Senior Advocate to the Chief Justice.

6. Application or recommendation to be considered by

a

Committee - An application made under rule 4 or a recommendation

 

 

made under rule 5 shall be placed for

consideration before a committee

to be constituted by the

Chief Justice comprising Administrative Judges

of the

 

Principal Seat and the Benches and two other Judges. The

 

 

opinion of the Committee on each proposal shall be submitted

to

the Chief Justice.

 

 

 

 

 

7.Qualifications for being Designated a Senior Advocate - (1) An advocate shall be considered for being designated as a Senior Advocate only if he. -

(a)has actually practiced as advocate for not less than 15 years

and

(b)his gross income from the profession is not less than Rs. 10 lacs per annum as shown in the previous 3 years, Income Tax Returns :

Provided that the High Court may, in exceptional cases, relax any of the aforesaid qualifications and designate an advocate as senior advocate, having regard to his experience at bar, knowledge of law and performance in the Court.

8.Collection of Information - Where the name of an advocate for designation as Senior Advocate is to be considered by the committee constituted under rule 6 the Registrar General shall obtain the following particulars in respect of such advocate :

(1)Name

(2)Qualification

(3)Date of Birth

(4)Permanent address

(5)Address to which communications are to be sent

(6)Name of Bar Council and Date of enrollment as advocate

(7)Number in the roll of advocates maintained by the State Bar Council.

(8)Whether a member of any association of lawyers ? If so the details.

(9)Number of years, name of place and Court(s) where practiced.

(10)Specialization in any field of law ? If so, details.

(11)Whether a junior to any lawyer (S) at present ? If so, the details.

(12)Whether any junior lawyer is practising with him ? If so, names of such lawyers and the period.

(13)Whether an assessee under the Income Tax Act in respect of professional income ? If so, details of income assessed for the last three years accompanied by a copy of Permanent Account Number Card.

(14)Whether in the panel of the State or Central Government or whether holds any office under the State or Central Government ?

(15)(a) Reference to any important matter in which appeared.

(b)Reference to recent judgments reported in a law journal.

(16)Whether wrote any book on law or made any contribution to a law publication or journal ? If so, the details.

(17)Whether attended or participated in any seminar / conference relating to law ?

(18)Whether connected with any faculty of law ?

(19)Whether any application for designation as senior advocate had been made in the past to the High Court of Madhya Pradesh or any other Court? If so, with what result ?

(20)Whether ordinarily practising within the jurisdiction of the High Court of Madhya Pradesh.

(21)Whether he has ever been personally involved in any civil or criminal litigation or contempt proceedings or any disciplinary proceedings against him by the Bar Council.

(22)Other information / particulars, if any, including legal services and as Legal aid counsel.

9.

Consideration by Full Court - Such of the proposals, as may

be

directed by the Chief Justice, shall be placed before the

Full

Court

for

consideration.

 

 

 

10. Designation of Senior Advocate - On approval by the Full Court,

the

concerned advocate shall be designated as Senior Advocate by

the

High

Court. On such Conferral the Registrar General shall notify the

fact to

the

Secretary General, Supreme Court, the Bar Council of

Madhya

 

Pradesh, the Bar Council of India as also to all the District

and

Sessions

Judges subordinate to the High Court.

 

 

 

11. The name not to be reconsidered for next 2 years - If the

name

of

an advocate has been considered and not approved by the

Full Court,

it shall not be reconsidered for next 2 years.

 

 

 

12.Restrictions on Senior Advocates - A senior advocate shall not-

(1)file a vakalatnama or memo of appearance or act in any Court or Tribunal;

(2)appear before a Court or Tribunal without an instructing advocate;

(3)accept instructions to draw pleadings or affidavits, advise on evidence or do any drafting work of an analogous kind in any Court or Tribunal or undertake conveyancing work of any kind whatsoever; -but these prohibitions shall not extend to settling any such matter

as aforesaid in consultation with an instructing advocate;

(4)accept directly from a party any brief or instructions to appear in any Court or Tribunal.

(5)be a standing counsel of any government, public sector undertaking, institution or local or corporate body and if he holds such a position, he shall resign or relinquish the same upon being designated a senior advocate;

Provided that, for the purpose of this sub-rule, holding of the office of the Advocate General, Additional Advocate General, Attorney General, Solicitor General or Additional Solicitor General

shall not amount to being a standing counsel;

(6) shall not enter into direct professional correspondence with a litigant except for the purpose of giving opinion.

Explanation - In this rule :-

(1) "Acting " means filling an appearance or any pleadings or applications in any Court, Tribunal or Authority in India, or any act (other than pleading) required or authorized by law to be done by a party in such court or tribunal either in person or by his recognized agent or by an advocate or attorney on his behalf;

(2)"Tribunal" includes any authority or person legally authorized to take evidence and before whom advocates are by or under any law for the time being in force, entitled to practise;

(3)"Instructing Advocate" means an advocate other than a senior

advocate, who has been instructed by party in the matter.

13.Cancellation of Designation - The designation of an advocate as senior advocate shall be liable to be cancelled, after due notice, by the full Court, by majority of members present and voting, by secret- ballot in the event of it being found that he has violated any or all of the provisions of these Rules or the Rules prescribed by the Bar council of India under sub-section (3) of section 16 of the Advocates Act, 1961.

14.Intimation of cancellation of Designation - On cancellation of designation of a senior advocate, the Registrar General shall notify the fact to the Secretary General, Supreme Court, the Bar Council of Madhya Pradesh, the Bar Council of India as also all the District and Session Judges subordinate to the High Court.

15.A Record of all Designations to be Maintained - A record of all such designations and cancellations shall be maintained in the Registry of the High Court.

16.Repeal - (1) On coming into force of these Rules, the Rule framed by the High Court of Madhya Pradesh under Section 16 (2) of the Advocates Act, 1961, Published in M.P. Rajpatra, Pt.4 (ga), dated 24- 6-1994, p. 111-118 shall stand repealed.

(2)Notwithstanding that these Rules have come into force and repeal under sub-rule (1) has taken effect-

(a)anything duly done or suffered; or

(b)any right, obligation or liability, accrued, imposed or incurred; or any proceedings taken or to be taken, in respect of such right, obligation

or liability;

- under the repealed Rules, before such enforcement, shall not be affected.