ADMISSION AND ENROLMENT OF ADVOCATESCentral
Section 21 of THE ADVOCATES ACT, 1961 __________
Disputes regarding seniority.
- (1)Where the date of seniority of two or more persons is the same, the one senior in age shall be reckoned as senior to the other. 2[(2) Subject as aforesaid, if any dispute arises with respect to the seniority of any person, it shall be referred to the State Bar Council concerned for decision.]
Summary
- If two or more people have the exact same date for their seniority, the older person is considered the senior one.
- Any other dispute that comes up about how senior a person is must be referred to the State Bar Council.
- The State Bar Council is the authority responsible for deciding these seniority disputes.
Practical examples
1Amit and Vijay are both enrolled as advocates on July 1, 2023. Since Amit was born in 1995 and Vijay in 1998, Amit is ranked higher on the list.
2A lawyer believes his seniority was recorded incorrectly compared to his colleague, so he files a petition with the West Bengal State Bar Council to have them settle the matter.
FAQ
1. How do you break a tie if two advocates share the same seniority date?
The person who is older in age is ranked as more senior.
2. Who decides if there is a disagreement about someone's seniority?
The dispute is referred to the relevant State Bar Council for a decision.
Test yourself
1.Under Section 21 of THE ADVOCATES ACT, 1961 __, what is the primary factor used to settle seniority between two people with the same seniority date?
2.According to Section 21 of THE ADVOCATES ACT, 1961 __, who has the authority to decide a dispute regarding the seniority of any person?
3.Under Section 21 of THE ADVOCATES ACT, 1961 __, if Advocate X is 45 years old and Advocate Y is 40 years old, and both are enrolled on the same day, who is senior?
4.Under Section 21 of THE ADVOCATES ACT, 1961 __, a dispute over seniority is triggered when: