Karnataka State Bar Council
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5. Bar Council to be body corporate
    Every Bar Council shall be a body corporate having perpetual succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may by the name by which it is known sue and be sued.


    Bar Councils Act does not contain any provision for the dissolution of a Bar Council created under the Act, but from the very fact that the Bar Council is constituted for a particular High Court, it follows necessarily that when the High Court itself ceases to exist the Bar Council must also come to an end. It may continue to exist, as it is a body corporate only for winding up its affairs after the High Court for which it is constituted ceases to exist, but obviously it cannot carry out any function connected with the High Court which has ceased to exist.-AIR 1955 AI/269 (274). A State Bar Council being a corporate body having perpetual succession continues to exist and the mere circumstance that the term of office of its members has expired does not negative its existence. 1973 Sim LJ 260.

6. Functions of State Bar Councils
    (1) The functions of a State Bar Council shall be

      (a) to admit persons as advocates on its roll;

      (b) to prepare and maintain such roll;

      (c) to entertain and determine cases of misconduct against advocates on its roll;

      (d) to safeguard the rights, privileges and interests of advocates on its roll;

      l[(dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section and clause (a) of sub-section (2) of section 7;]

      (e) to promote and support law reform;

      (ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and papers of legal interest;

      (eee) to organise legal aid to the poor in the prescribed manner;]

      (f) to manage and invest the funds of the Bar Council;

      (g) to provide for the election of its members;

      (gg) to visit and inspect universities in accordance with the directions given under clause (i) of sub-section (1) of section 7;]

      (h) to perform all other functions conferred on it by or under this Act;

      (i) to do all other things necessary for discharging the aforesaid functions.

      1[(2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of

        (a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates;

        (b) giving legal aid or advice in accordance with the rules made in this behalf;

        2[(c) establishing law libraries.]

      (3) A State Bar Council may receive any grants, donations, gifts or benefactions for all or any of the purposes specified in sub-section (2) which shall be credited to the appropriate fund or funds constituted under that sub-section.


    Sec. 6 lays down the functions of the State Bar Council and one of the functions of a State Bar Council is to admit persons as advocates on its roll if the conditions prescribed are fulfilled by the candidate. Therefore, a woman candidate who had obtained a degree of law of the Calcutta University as non-collegiate student is entitled to claim enrolment.-AIR 1983 Cal461

    Having regard to the obligatory functions enjoined upon a State Bar Council under s. 6, the State Bar Council could be regarded as a body constituted for general public utility and entire income of the body would be exempt from tax under s. 11 of the Income Tax Act, 1961.-AIR 1981 SC 1462.

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