User talk:Indian businesses

Rights and Privileges of Advocate in India
(1)Right to Freedom of Speech and Expression

Article 19 (1) (a) of Indian Constitution provided the right to freedom of speech and expression to all citizens. An Advocate need not fear about police or the legislator but he should oblige the reasonable restriction imposed on this right in the interest of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality in relation to contempt of court, defamation. He should not hurt the religious feelings. An Advocate should speak in decent language.

(2)Right to Practice

It is the right of an Advocate to represent his clients in the court of law and to claim audience in the courts. According to section 30 of the Advocates Act, 1961 Subject to provisions of this Act, every advocate whose name is entered in the 1[State roll] shall be entitled as of right to practice throughout the territories to which this Act extends,— (i) in all courts including the Supreme Court; (ii) before any tribunal or person legally authorized to take evidence; and (iii) before any other authority or person before whom such advocate is by or      under any law for the time being in force entitled to practise. Only Advocates have monopoly right to present clients in courts. (3)Right for Welfare Fund

As per Section 15 of the Andhra Pradesh Advocate Welfare Fund Act, 1987, every advocate practicing in any court in the state can become a member of the Welfare Fund.

(4)Right to Fee

As per Rule 11 of Chapter II of Part IV of the Bar Council of India Rules, he has a right for a fee consistent with his standing at the Bar.

(5)Right to enter the Court

An Advocate has the right to sit in the seats provided for advocates, whether he is having a case or not and observe the proceedings.

Privileges of Advocate

(1)Privilege of exemption from arrest

According to section 135 of Code of Civil Procedure 1908, an Advocate, while going to the court or during the proceedings before a Court and while returning from the Court, is exempted from civil arrest. However it does not apply to arrest for contempt of court or arrest for criminal offences.

(2)Vakalatnama in favour of Advocate

When the client signs Vakalatnama in favour of an Advocate, such Advocate gets exclusive privilege to represent his client in that particular matter. No other Advocate can appear in that case without his consent for the reason of express prohibition.

(3)Negligence

No action can be taken against the Advocate is he does any negligence.

(4)Parliamentary Bill for remuneration

According to Rule 51 of the Bar Council of India Rules, an Advocate can review Parliamentary Bills for remuneration. Indian businesses (talk) 18:55, 6 October 2020 (UTC)