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Monday, February 20, 2012

Advocates Act 1961..surrendering licence to practice

Some time Advocates need to surrender their licence to practice being upon appointed to several positions where in one can not take two posts ..It was thought that it is just sufficient that surrendering the licence and not signing any vakalatnama or any other document pertaining to represent someone in some legal proceedings but in a case it was seen that it is not just sufficient but one should not even say himself to be an advocate after his being surrendered the license to practice.
The Bar Council of Punjab and Haryana has issued a showcause notice to Punjab Cabinet minister Harnam Dass Johar asking him to explain why he continues to represent himself as an “advocate” when he has already surrendered his licence to practice in 2003.
The Council stated an earlier notice was served to Johar in October, 2003, seeking an explanation on why his licence should not be suspended. In reply, Johar had said he no longer practiced since 1992. He added he had surrendered his licence in 2003 by post, and hence the licence should be treated as suspended. Johar, who had enrolled as an advocate in December, 1967, was earlier a Speaker in the Punjab Assembly, and is at present a Cabinet minister.

So it is a big question whether an advocates ceases to be an advocate if he surrenders his license for practice may be temporarily.

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