CHAPTER 6
MISCELLANEOUS

Any person who practices in any court or before any authority or person, in or before whom he is not entitled to practice under the provisions of this Act, shall be punishable with imprisonment for a term which may extend to six months.



COMMENTS

A specific prohibition has been laid down both in positive or negative form that no person other than an advocate will be entitled to practice law in any court or before any authority. Therefore, recognizing the right of a labour adviser to practice law in Industrial Court will be in breach of the provisions of the Act.-1985 Lab IC 82 (Born).

[Omitted by Act 700f1993J

The Bar Council of India may, if it is satisfied that any State Bar Council is in need of funds for the purpose of performing its functions under this Act, give such financial assistance as it deems fit to that Bar Council by way of grant or otherwise.]

(1) Where any country, specified by the Central Government in this behalf by notification in the Official Gazette, prevents citizens of India from practicing tt>e profession of law or subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practice the profession of law in India.

(2) Subject to the provisions of sub-section (1), the Bar Council of India may prescribe the conditions, if any, subject to which foreign qualifications in law obtained by persons other than citizens of India shall be recognized for the purpose of admission as an advocate under this Act.

COMMENTS

The powers of review are not circumscribed by the Act. The analogy of the CPC must not be carried too far. Such powers may be exercised in a suitable case for or against an advocate even after the matter has gone through the hands of the disciplinary committee at some stage or even through the Supreme Court. -AIR 1971 SC 107.

No suit or other legal proceedings shall lie against any Bar Council or any committee thereof or a member of a Bar Council1[ or any committee thereof] for any act in good faith done or intended to be done in pursuance of the provisions of this Act or of any rules made thereunder.

(1) The Bar Council of India may, at any time, call for the record of any proceedings under this Act which has been disposed of by a State Bar Council or a Committee thereof, and from which no appeal lies, for the purpose of satisfying itself as to the legality or propriety of such disposal and may pass such orders in relation thereto as it may think fit.

(2) No order which prejudicially affects any person shall be passed under this section without giving him a reasonable opportunity of being heard.]

The Bar Council of India or any of its committees, other than its disciplinary committee, may of its own motion or otherwise review any order, within sixty days of the date of that order, passed by it under this Act.]

COMMENTS

So far as the commencement of period of limitation for filing the review petition is concerned, the expression 'the date of the order' as occurring in section 48-AA has to be construed as meaning the date of communication or knowledge of the order of the review petition.-D Saibaba v. Bar Council of India AIR 2003 SC 2502.