Pravin C. Shah v K.A. Mohd. Ali

(2001) 8 Supreme Court Cases 650Supreme Court of India2001Professional Ethics and Professional Accounting System
professional-ethicsfull-time-employmentright-to-practiseadvocates-act

Rule established

An advocate holding a full-time salaried employment cannot practise; dual capacity is impermissible under the Advocates Act.

Facts

  • A person enrolled as an advocate was simultaneously holding full-time salaried employment. Questions arose about whether such a person could sign vakalatnamas and appear in court.

Issue

  1. Whether a person enrolled as an advocate but holding full-time salaried employment is entitled to practise law.

Held

  • The Supreme Court held that an advocate in full-time employment cannot practise. The right to practise under the Advocates Act is available only to those who are actually practising and not engaged in any other full-time occupation. A person in employment may retain enrollment but cannot exercise the right to practise until they leave employment.

Ratio Decidendi

The Supreme Court held that an advocate in full-time employment cannot practise. The right to practise under the Advocates Act is available only to those who are actually practising and not engaged in any other full-time occupation. A person in employment may retain enrollment but cannot exercise the right to practise until they leave employment.

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Source

Source: (2001) 8 Supreme Court Cases 650

This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.