R.N.I.No.TELMUL/2016/73158.
[Price: ` . 5-00.
THE TELANGANA GAZETTE
PART- II EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 156]
HYDERABAD, TUESDAY, NOVEMBER 20, 2018.
NOTIFICATIONS BY HEADS OF DEPARTMENTS, Etc.
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JUDICIAL NOTIFICATIONS
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
GUIDELINES FOR DESIGNATION OF ADVOCATES AS SENIOR ADVOCATES:
NOTIFICATION NO. 39/SO/2018
ROC No. 2674/SO/2017.- In supercession of the existing guidelines on the subject, the High Court Judicature
at Hyderabad for the State of Telangana and Andhra Pradesh frames the following guidelines for designating
Advocates as Senior Advocates, under Section 16(2) of the Advocates' Act, 1961 (Central Act 25 of 1961):
(1)
All matters relating to designation of Advocate as Senior Advocate in the High Court of Judicature at Hyderabad
for the State Telangana and Andhra Pradesh shall be dealt with by a Permanent Committee to be known as
"the Committee for designation of Senior Advocate".
(2)
The Permanent Committe will be headed by the Hon'ble the Chief Justice and consist of two senior-most
Judges of the High Court; the Advocate General will be a Member of the Permanent Committee. The
above four Members of the Permanent Committee will nominate another Member of the Bar to be the fifth
Member of the Permanent Committee.
(3)
The Permanent Committee shall have a Permanent secretariat, the composition of which will be decided by
the Hon'ble the Chief Justice in consultation with other members of the Committee.
(4)
All applications including written proposals by the Hon'ble Judges will be submitted to the Secretariat of the
Permanent Committee.
(5)
On receipt of applications for designation of Senior Advocates or proposals from Hon'ble Judges, the
Secretariat will compile the relevant data and information with regard to:
HSE No. 1051/2017-2019.
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G - 543.
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(i)
The reputation, conduct, integrity of the Advocate(s) concerned;
(ii)
Number of cases in which the applicant participated in probono work;
(iii)
Reported judgments at least in 25 cases during the preceding five years, in which the concerned
Advocate(s) had personally appeared and argued;
(iv) The source(s) from which information / data is to be collected is to be forwarded by the applicants by
giving the case numbers and the citations of reported judgments to enable the secretariat to verify the
same;
(v)
The Secretariat will publish the proposal of designation of a particular Advocate in the official website
of the High Court inviting suggestions on the proposal. Suggestions/ views received within 15
days from the date of the proposal will be placed before the Permanent Committee;
(vi) After the data-base in terms of the above is complied and all such information as may be specifically
directed by the Permanent Committee to be obtained in respect of any particular candidate is collected,
the Secretariat shall put up the case before the Permanent Committee for scrutiny;
(vii) The Permanent Committee will examine each case in the light of the data provided by the Secretariat
of the Permanent Committee; interview the concerned Advocate; and make its overall assesment on
the basis of a point-based format indicated below:
S.NO
MATTER
POINTS
1
Number of years of practice of the Applicant Advocate
20 POINTS
from the date of enrolment.
[10 points for 10-20 years of practice; 20 points for practice
beyond 20 years]
2
Judgments (Reported and unreported) which indicate the legal
40 POINTS
formulations advanced by the concerned Advocate in the course
of the proceedings of the case; probono work done by the
concerned Advocate; domain Expertise of the Applicant Advocate
in various branches of law, such as Constitutional law, Interstate
Water Disputes, Criminal law, Arbitration law, Corporate law,
Family law, Human Rights, Public Interest Litigation, International
law, law relating to women, etc.
3
Publications by the Applicant Advocate
15 POINTS
4
Test of Personality & Suitability on the basis of interview/interaction
25 POINTS
(viii) All the names that are listed before the Permanent Cormmittee cleared by the Permanent Committee
will go to the Full Court.
(ix)
Voting by secret ballot will not normally be resorted to by the full court except when unavoidable. In the
event of resort to secret ballot decisions will be carried by a majority of the Judges who have chosen to
exercise their preference/choice.
(6)
The Advocate, to be designated as a Senior Advocate, should have:-
(i)
A minimum standing of 10 years at the Bar, out of which not less than seven years shall be in the High
Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh;
(ii)
ordinarily appeared as the arguing Counsel in not less than twenty five cases, reported in law journals,
in the preceding five years and should have contributed to the growth of law; or should have appeared
in the Court as a Senior Law Officer of the Government i.e., the Additional Advocate-General or the
Public Prosecutor or the Assistant-Solicitor General.
November 20, 2018]
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(iii)
not been convicted by a competent Court, not have been charged for an offence involving moral
turpitude or for contempt of Court of imposed punishment by the Bar Council of the State/Bar Council
of India; and
(7)
Canvassing in any form, including meeting the Judes, by advocate concerned, shall result in disqualification
of the proposal.
(8)
On acceptance of the proposal by the Full Court, the Registrar General shall notify acceptance of the
proposal to the Advocate concerned. Intimation shall also be sent to the High Court Advocates' Association,
the Bar Council of the State, the Bar Council of India, and the Registrar, Supreme Court of India.
(9)
All cases that have not been favourably considered by the Full Court may be reviewed/reconsidered after
expiry of a period of two years following the manner indicated above as if the proposal is being considered
afresh;
(10)
A designated Senior Advocate shall not appear in any Court or proceeding in the absence of his instructing
Counsel. He shall also not draft pleadings.
(11)
Withdrawal of designation:
In the event a Senior Advocate, according to the Full Court, is guilty of conduct which disentitles that person
to continue to be worthy of the designation, the Full Court may review its decision to designate the concerned
person and recall the same;
(12)
The Registrar General shall notify withdrawal of the designation, and communicate the decision of the Full
Court to the Advocate concerned, the High Court Advcates' Association, the Bar Council of the State, the
Bar Council of India, and the Registrar, Supreme Court of India.
FORM OF CONSENT
I hereby express my consent, for being designated as Senior Advocate.
ADVOCATE.
FORM OF BIO-DATA
1)
Name:
2)
Father's/Husband's Name:
3)
Address:
4)
Permanent Address:
5)
Age/Date of Birth:
6)
Date of Enrolment:
7)
Name of the Bar Association of which he/she is a member:
8)
Number of years of practice, and in which Court/s:
9)
If specialized in any branch of Law:
10)
Whether he/she is, or has been, in the panel of Advocates of the State or Central Government, or a public
sector undertaking, or a statutory body, or institution. If so, details thereof.
11)
Particulars of important matters in which he / she appeared in the last five years, and particulars of, atleast,
twenty five citations of reported cases during this period.
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12)
Names and particulars of Advocates associated with him in his/her chambers/office.
13)
Particulars of cases in which he/she appeared as an arguing Counsel, on behalf of another Advocate,
(not being an advocate from his chambers/office), during the preceding three years, and the name and
particulars of the Advocate on whose behalf he/she appeared.
14)
Particulars of articles, if any, published in any journal or books, if any, authored.
15)
Whether associated with any faculty of Law (If so, the particulars thereof).
16)
Particulars of the cases in which he/she provided free legal aid.
17)
Whether his/her name was earlier proposed for being designated as Senior Advocate of the High Court of
Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, or any other High
Court, or of the Supreme Court of India. If so, the decision thereon.
18)
Whether involved in any Criminal Case, or disciplinary proceedings before the State Bar Council. If so, the
particulars, the result/the stage of the proceedings.
DECLARATION
I,........................................................................Son of ........................................................ Advocate
hereby declare that the above stated particulars are true and correct.
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Hyderabad,
(Sd/)
31-10-2018.
Registrar General
Sd/-
(NAME OF THE ADVOCATE)
Printed and Published by the Commissioner of Printing, Govt. of Telangana, at Govt. Central Press, Chanchalguda, Hyderabad.`