Is Bar Council a body corporate?

Is Bar Council a body corporate?

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 moveable and immovable, and to contract, and may by the name by which it is known sue and be sued.

Is Bar Council a company?

Section 5 of the Act stipulates that a Bar Council is a body corporate and hence, the statute confers on it a distinctive legal status.” The court went on to reiterate that “It can be unhesitatingly stated that an individual member who is a part of the body corporate stands distinctively qua the body corporate for the …

Why is Bar Council a body corporate?

Section 5 of the Advocates Act, 1961[26] invariably provides for every Bar Council to be a “Body Corporate” having a common seal and perpetual succession also conferred with power to hold, acquire or dispose of both movable and immovable property.

What is meant by Bar Council?

A bar council (Irish: Comhairle an Bharra) or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profession of barristers.

Can Bar Council be sued?

It can sue or be sued in its name In this regard, every State Bar Council and the Bar Council of India under Section 5 of the Advocate Act, 1961 is a body corporate and can sue or be sued in their names. The councils have a separate identity from the members.

Is a body corporate a legal person?

The body corporate is a legal entity, made up of all of its members.

What is the role of Bar Council?

The functions of the Bar Council are to: Lay down standards of professional conduct and etiquette for advocates. Lay down procedure to be followed by disciplinary committees. Safeguard the rights, privileges and interests of advocates.

What are the powers of Bar Council of India?

To safeguard the rights, privileges and interests of advocates. To promote and support law reform. To deal with and dispose of any matter which may be referred to it by a State Bar Council. To promote legal education and to lay down standards of legal education.

What is professional misconduct of a lawyer?

In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. It means any activity or behaviour of an advocate in violation of professional ethics for his selfish ends. In other word an act which disqualifies an advocate to continue in legal profession.

What are the functions of State Bar Council?

Functions of State Bar Council

• To admit persons as Advocates on its roll.
• To prepare and maintain such roll.
• To entertain and determine cases of misconduct against Advocates on its roll.
• To safeguard the rights, privileges and interests of Advocates on its roll.
• To promote and support law reform.