Section 24   [ View Judgements ]

Designation of Advocate as Senior Advocate


(3)24.1. The Hon’ble the Chief Justice and other Judges of this High Court may, upon a written proposal made by a Senior Advocate with the consent of the Advocate concerned endorsed thereon, designate such an Advocate as a Senior Advocate, if in their opinion, by virtue of his ability, experience and standing at the Bar or his special knowledge or experience in law, the said Advocate is deserving of such distinction.



24.2. Every proposal for designation as a Senior Advocate shall be in the form annexed hereto as Annexure I and for proposal shall be subscribed by four Senior Advocates – one out of whom necessarily has to be from the Court/Bench which is the normal place of practice of the Advocate applying for designation as Senior Advocate, by providing Statement of reasons as to why in his opinion the Advocate concerned is worthy of being designated as a Senior Advocate, having regard to the norms and guidelines prescribed in these Rules. Every proposal shall be accompanied by the Bio-data of the Advocate concerned in the form annexed hereto as Annexure-2. The Senior Advocate recommending such proposal shall not recommend more then one proposal for the relevant period at a time. The consent letter of the advocate concerned shall be submitted alongwith the proposal.



24.3. The procedure for designating a Senior Advocate shall be as follows:-



(a) The proposals for designating Senior Advocate shall be submitted to the Registrar General in accordance with Rule 1 so as to reach him before 31st January and 31st August each year for the consideration of the Hon’ble the Chief Justice and other Hon’ble Judges.



(b) On receipt of the proposals, the Registrar General shall scrutinize them and if there be any irregularity, being it to the notice of the proposer, who within 15 days shall remove such irregularities. The Registrar General on examining all the proposals shall submit a report to the Chief Justice, as to whether the proposal satisfies the requirement of the Rules for being designated as Senior Advocate



(c) The Registrar General shall place all proposals received before the Hon’ble the Chief Justice not later then the 15th of March and 15th of October as the case may be each year, for directions to circulate the valid proposals to all the Hon’ble Judges.



(d) The proposal(s) shall be placed before the Full Court for its acceptance. The acceptance of the Full Court shall be accorded only if not less then 2/3 rd

of the Judges present in the meeting vote in favour of acceptance of the proposal(s). Normally, the Judges present in the meeting would vote or abstain for the proposal(s).



Note. – (1) Subject to clause (d) of Rule 24.3 while calculating the proportion of 2/3rd only the votes cast as Yes or No will counted. In case a Judge abstain from voting for a particular candidate or candidates, the ‘abstained’ vote/votes shall not be counted for calculating the 2/3rd required for that candidate.



(e) voting shall be by secret ballot.



Each Judge present will be given a ballot paper without any Identification containing the names of the Advocate/Advocates under consideration. The ballot papers against each name will have three column indicating. “Yes and/or No” and “Abstained” when the agenda is taken up for consideration. On conclusion of the discussions each Judge, will cast the ballot in a box separately kept or circulated.



The Registrar General from the ballot papers received, then shall prepare a list of candidates with the votes secured by each candidate



Then names of candidates who secured the required number of votes in terms of

Clause 24.3(d) will be announced by the Chief Justice as accepted by the Full House, to be designated as Senior Advocate.



24.4. The norms and guidelines for designation as Senior Advocate shall be as follows :-

(a) The Advocate shall be enrolled with the Bar Council of Maharashtra and Goa.



(b) The Advocate should have not less then fifteen years of standing as an Advocate.



(c) The Advocate shall have paid Income Tax on his professional income and his

income should not be less then rupees seven lacs and fifty thousand per annum on

the date of application.



(d) The Advocate should be serving of distinction by virtue of his ability, integrity, standing at the Bar or special knowledge or experience in law.



(e) An Advocate convicted by any competent Court or against whom charge has been

framed for moral turpitude or for Contempt of Court shall not be eligible for

consideration



24.5. Canvassing in any form by the Advocate concerned or by the proposer shall result in disqualification of the proposal.



24.6. In case of candidate whose proposal is not approved for designation as Senior Advocate, the proposal of such candidate may be submitted afresh after two years from the date of non-acceptance.



24.7. (i) If, after being designated as a Senior Advocate it is reported by a Judge of the Court that by virtue of his conduct and behaviour either inside or outside the Court, the Advocate has forfeited his privilege to the distinction conferred upon him by the Court, the matter may be place before the Chief Justice for a consideration of the withdrawal of designation as Senior Advocate.



(ii) If the Chief Justice, on receiving the report is satisfied that the matter should be further consideration, he shall then constitute a Committee of not less then three Judges of this Court. The Committee will give full opportunity to the Senior Advocate to plead his case including a personal hearing and thereafter submit its proposal to the Chief Justice not later then six months from the date of reference to the Committee. The Committee is free to evolve its own procedure.



(iii) If the committee in its report recommends withdrawal of designation as Senior Advocate the Chief Justice shall place the report with the recommendation of the Committee at the immediate next Full Court meeting for its consideration.



(iv) If, a majority of Judges present and voting through secret ballot at the meeting are of the view that the Senior Advocate has forfeited his privilege, the Court shall recall his designation as Senior Advocate.



(v) The Registrar shall notify the decision of the Advocate and the Bar Council of Maharashtra and Goa who shall delete the name from the list of Senior Advocate maintained by the Bar Council.



Annexure 1

Form of Proposal



To,

The Honorable the Chief Justice and the Judges of the High Court of Judicature at Bombay.



I,………………………………………………………….(Name etc.) propose Shri/Shrimati/Kumari………………………………………………………... (Name) who has enrolled as an advocate by the Bar Council of Maharashtra on……………………………….and who continues to be on the Roll of Advocate maintained by the said Bar Council and who has been practicing in this Court/in the ……………………………………Court……………………….at………………………

……………………for the last…………………….years, for being designated as Senior Advocate, as in my opinion by virtue of his/her ability, experience and standing at the

Bar he/she deserving of such distinction. The reasons why, according to me the

Advocate is worthy of being designated as a Senior Advocate are as follows :-



Dated this…………………………..day of ………………………………..20



I hereby express my consent to be designated as Senior Advocate.



Dated this…………..day of …………………………..20



………………………….. ……………………………….

(Senior of the Advocate (Signature of the Senior

Concerned) Advocate)







Annexure II

Proforma of Biodata



1. Name of Applicant.

2. Father’s/Spouse’s name.

3. Address.

4. Permanent Address.

5. Age.

6. Education Qualifications.

7. Date of Enrollment.

8. Whether the applicant is a member of any Association of Lawyers; If yes,

details.

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

10. Whether the applicant is specialized in any stream; If yes, details.

11. (a) Whether the applicant has been a Chamber-Junior to any Lawyers, if

so, names of such lawyer and the period as such.

(b) Whether any junior lawyer is attached to the applicant’s chambers. If so, name of such lawyers and the period as such.

12. Whether the applicant is an assessee under the Income Tax Act in respect of applicant’s professional income.

13. Whether the applicant is in the panel of or holds any office under the State

or Central Government.

14. Reference to at least ten reported Judgments in cases in which the applicant has appeared as arguing Counsel and contributed to the making of law.

15. Whether the applicant’s name was earlier proposed for being designated as

Senior Advocate of the Bombay High Court or any other High Court or of the Supreme Court of India. If so, the decision thereon, with its date.

16. Legal-aid work.

17. Other Information.





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