Section 5 of THE ADVOCATES ACT, 1961 __________ in hindi
Every Bar Council shall be a body corporate having perpetual
succession and a common seal, with power to acquire and hold property, both movable and immovable, and to contract, and may be the name by which it is known sue and be sued.
Summary
- Every Bar Council is treated as a single legal person in the eyes of the law.
- The Council continues to exist forever even if its individual members change.
- It has its own official stamp or seal to use on formal documents.
- It has the legal right to own things like buildings or bank accounts.
- It can sign legal agreements and contracts on its own behalf.
- It can bring a lawsuit against others or be sued by others in court.
Practical examples
FAQ
1. Does the Bar Council disappear if all its members resign at once?
No, because it has perpetual succession, meaning it remains a legal entity regardless of who the members are.
2. Can the Bar Council own a plot of land for a library?
Yes, the law specifically gives it the power to acquire and hold immovable property.
3. If a Bar Council signs a contract for repairs, who is responsible for the payment?
The Bar Council itself is responsible as a body corporate, not the individual members personally.
Test yourself
Q1.Under Section 5 of THE ADVOCATES ACT, 1961 __, what does the term body corporate mean for a Bar Council?
Q2.Under Section 5 of THE ADVOCATES ACT, 1961 __, what is the significance of the common seal?
Q3.Under Section 5 of THE ADVOCATES ACT, 1961 __, what happens to the Council's property if a member dies?
Q4.Under Section 5 of THE ADVOCATES ACT, 1961 __, in what name can the Council participate in a lawsuit?