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A High Court wishes to designate Advocate Kavita Rao as a senior advocate, but she does not want the…

Section 16(2) says an advocate may, "with his consent", be designated as a senior advocate if the Supreme Court or a High Court considers that, by virtue of ability,…

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A High Court wishes to designate Advocate Kavita Rao as a senior advocate, but she does not want the designation. What is the position under section 16(2) of the Advocates Act, 1961?

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Correct answer A

Section 16(2) says an advocate may, "with his consent", be designated as a senior advocate if the Supreme Court or a High Court considers that, by virtue of ability, standing at the Bar or special knowledge or experience in law, the advocate deserves the distinction. Designation is therefore never imposed on an unwilling advocate. Once designated, a senior advocate is subject to the restrictions prescribed by the Bar Council of India under Section 16(3).

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