Consider the following statements under section 41 of the Advocates Act, 1961: Statement 1: Where an…
Section 41(1) requires a record of a reprimand or suspension to be entered against the advocate's name in the State roll, and Section 41(3) requires the enrolment…
Choose your answer
Consider the following statements under section 41 of the Advocates Act, 1961:
Statement 1: Where an advocate is reprimanded, a record of the punishment is entered against his name in the State roll.
Statement 2: Where an advocate is suspended, the certificate of enrolment granted to him under section 22 is recalled.
Statement 3: Where an advocate is reprimanded, his name is struck off the State roll.
Which of the statements are correct?
Answer and explanation
Correct answer D
Section 41(1) requires a record of a reprimand or suspension to be entered against the advocate's name in the State roll, and Section 41(3) requires the enrolment certificate to be recalled on suspension or removal. Only an order removing the advocate from practice leads to the name being struck off the roll. So "Only Statements 1 and 2 are correct".
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