Karnataka State Bar Council
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THE ADVOCATES ACT, 1961

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55. Rights of certain existing legal practitioners not affected
    Not with standing anything contained in this Act:

      (a) every pleader or vakil practising as such immediately before the date on which Chapter IV comes into force (hereinafter in this section referred to as the said date) by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (17 of 1920) or any other law who does not elect to be, or is not qualified to be enrolled as an advocate under this Act;

      (b) [Omitted by Act 107 of 1976]

      4[ (c) every mukhtar practising as such immediately before the said date by virtue of the provisions of the Legal Practitioners Act, 1879 (18 of 1879), or any other law, who does not elect to be, or is not qualified to be, enrolled as an advocate under this Act;

      (d) every revenue agent practising as such immediately before the said date by virtue of the provisions of the Legal Practitioners Act 1879 (18 of 1879) or any other law;] shall, notwithstanding the repeal by this Act of the relevant provisions of the Legal Practitioners Act, 1879 (18 of 1879), the Bombay Pleaders Act, 1920 (Bombay Act, 17 of 1920), or other law, continue to enjoy the same rights as respects practice in any court or revenue office or before any authority or person and be subject to the disciplinary jurisdiction of the same authority which he enjoyed or, as the case may be, to which he was subject immediately before the said date and accordingly the relevant provisions of the Acts or law aforesaid shall have effect in relation to such persons as if they had not been repealed.

      COMMENTS

      Sec. 55 would apply to such pleaders or vakils who were in the eye of law validly practising as such immediately before the date on which Chap. IV came into operation. A person who happens to obtain a certificate as a pleader by mistake or contrivance could not be said to be practising as a pleader of vakil 'as such'. This provision would not preserve the right to practise for a person who was not lawfully admitted as a pleader.-AIR 1,969 AI/112.


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