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AIR 2018 SUPREME COURT 1382 ::AIR 2018 SUPREME COURT 1382
Supreme Court Of India
Hon'ble Judge(s): Adarsh Kumar Goel, Uday Umesh Lalit , JJ

(A) Advocates Act (25 of 1961) , S.29, S.24(1)(a), S.47(2)— Practise of law - Foreign law firms/lawyers - Cannot set up offices and practise in India - Foreign lawyers can however give advice to Indian clients on 'fly in and fly out' mode on temporary basis. Words and Phrases - Words 'Practise of law' - 'practise' does not include casual visit for giving advice.Words and Phrases - Words 'fly in and fly out' - Includes only casual visit not amounting to 'practise'. Scheme in Chapter-IV of Act of 1961 makes it clear that advocates enrolled with the Bar Council alone are entitled to practise law, except as otherwise provided in any other law. All others can appear only with permission of Court, @page-SC1383 authority or person before whom proceedings are pending. Regulatory mechanism for conduct of advocates applies to non-litigation work also. Prohibition applicable to any person in India, other than advocate enrolled under Act of 1961, certainly applies to any foreigner also. Visit of any foreign lawyer on 'fly in and fly out' basis may amount to practise of law if it is on regular basis. Casual visit for giving advice may not be covered by expression 'practise'. Whether particular visit is casual or frequent so as to amount to practise is question of fact to be determined from situation to situation. Bar Council o....

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