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High Court of Chhattisgarh (Designation of Senior Advocates) Rules, 2014

Published vide Notification No. 289/Confdl./2014/I-1-7/2001, dated 14.3.2014

Last Updated 17th September, 2019 [cg223]

(i) "Acting" means filling an appearance or any pleading 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;

(ii) "Advocate" means an advocate defined in the Advocate Act, 1961;

(iii) "Chief Justice" means the Chief Justice of the High Court of Chhattisgarh.

(iv) "Committee" means a Committee constituted under Rule 4.

(v) "Instructing Advocate" means an advocate other than a Senior Advocate, who has been instructed by the party in the matter.

(vi) "Registrar General" means Registrar General of the High Court of Chhattisgarh.

(vii) "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 practice;

(ii) The name of an Advocate for being designated as a Senior Advocate may be sponsored in any of the following ways : -

(A) by the Chief Justice or any of the Judge of the High Court;

(B) by an application made by the Advocate desiring to be designated as such :

(iii) An advocate shall be considered for being designated as Senior Advocate only if he has completed 45 years of age and has practiced as an advocate for not less than 20 years, of which 10 years practice should ordinarily be in the Courts within the jurisdiction of the High Court of Chhattisgarh including minimum three years of the practice in the High Court of Chhattisgarh. Years of service rendered as Judicial Officer shall be taken into consideration as years of practice as an advocate.

(iv) An advocate to be designated as Senior Advocate should be an Income-Tax Assessee for the last 10 years as on 31st March of the year of consideration of his case for designation as Senior Advocate and annual gross income from the legal profession after deducting professional expenses should not be less than Rs. 5,00,000/- for last preceding 3 years.

(ii) The application for designation of Senior Advocate shall be presented before the Registrar General;

(iii) The Registrar General shall submit the application received for designation of Senior Advocate and other information received by him under Rule 2 before the Committee;

(iv) The Committee shall consider the case of each advocate placed before it by the Registrar General and names of the advocates found eligible by the committee shall be recommended to the Chief Justice.

Note. - Services rendered by an advocate as "Legal Aid Counsel" in conducting sufficient number of cases allotted to him shall be given weightage while recommending his name for designation of Senior Advocate.

1. Name.

2. Qualifications.

3. Date of Birth.

4. Permanent Address.

5. Address of professional office.

6. Date of enrollment as Advocate and where enrolled.

7. Number in the roll of advocates maintained by the State Bar Council and the date on which enrolled.

8. Are you a member of any Association of Lawyers ? If so, give details.

9. Number of years' practice (or judicial service) and in which Court ?

10. Have you specialized in any field of Law ? If so, give details.

11. Have you been a chamber junior to any lawyer ? If so, furnish name of such Lawyer/Lawyers and the period held as such.

12. Is any junior lawyer attached to your chamber ? If so, furnish name of such Lawyer and the period held as such.

13. (i) Since when have you been an assessee under the Income Tax Act in respect of your profession.

(ii) What is taxable income returned for last 5 years and the net income on which you have been assessed.

14. Are you in the panel or do you hold any office under the State or Central Government ?

15. Reference to any important matter in which you have appeared.

16. Have you had to your credit any Journal ? If so, give details.

17. Have you attended or participated in any seminar/conference relating to law ?

18. Are you connected with any faculty of law ? If so, give details.

19. Has any application for designation as Senior Advocate been made to the High Court of Chhattisgarh or any other Court before ? If so, with what result ?

20. Are you ordinarily practicing within the jurisdiction of the High Court of Chhattisgarh ?

21. Other information/particulars, if any, including legal aid work.

(ii) The Full Court may consider and decide recommendation of the Committee by 2/3rd majority of working strength of the Judges by voting through secret ballot.

(i) file a Vakalatnama or Memo of Appearance or act in any Court or Tribunal;

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

(iii) 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. However, these prohibitions shall not extend to settling any such matter as aforesaid in consultation with an instructing advocate;

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

(v) enter into direct professional correspondence with a litigant;

(vi) 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 :

(ii) On receiving information of such violation or in case of his conviction by any competent Court of framing of charges for the offence involving moral turpitude or the Contempt of Courts Act, 1971, the Chief Justice may direct the matter to be placed before the Committee. The Committee after due notice to the senior advocate and after making such enquiry, as may deem fit, submit its recommendation to the Chief Justice.

(iii) The Chief Justice may direct to place recommendation of the Committee before the Full Court.

(iv) The Full Court may consider and decide recommendation of the Committee by 2/3rd majority or working strength of the Judges by voting through secret ballot.

(v) If in the opinion of the Full Court the senior advocate has forfeited his/her privilege, then the High Court may withdraw his/her designation as a senior advocate;