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Section 6: Procedure for Designation

Uttarakhand High Court (Designation of Senior Advocates) Rules, 2018State Rules of Uttarakhand · 1961

(1) All the written proposals and applications for designation of an Advocate as a Senior Advocate shall be submitted to the Secretariat.

Provided that every application by an advocate shall be made in Form No. 1 of APPENDIX- A appended to these Rules.

Provided further that, in case the proposal emanates from a Judge, it need not be submitted in a prescribed form. However once the proposal is received, the Secretariat shall request such advocate to submit Form No 1 duly filled in within such time as may be directed by the Committee and, in such case, the application in Form-I shall be filled within the time directed by the Committee. The requirement of having recommendation of two Senior Advocates would stand dispensed with, in such cases.

(2) 1[On receipt of an application or proposal for designation of an Advocate as a Senior Advocate, the Secretariat shall compile the relevant data and information with regard to the 1 Substituted by Not. No. 303/UHC/Admin.A/2023, dated 17.08.2023 reputation, conduct, integrity of the advocate concerned including his participation in pro bono work, reported judgments of the last five years in which the concerned advocate has appeared and has actually argued and five of best synopsis, as submitted by an Advocate for evaluation.]

(3) The Secretarial will notify the proposed names of the advocates to be designated as Senior Advocates on the official website of the High Court of Uttarakhand, inviting suggestions and views within such time as may be fixed by the Committee.

(4) After the material, in terms of the above, is compiled and all such information, as may be specifically required by the Committee to be obtained in respect of any particular candidate, has been obtained and the suggestions and views have been received, the Secretariat shall put up the case before the Committee for scrutiny.

(5) On the case being put up by the Secretariat, the Committee shall examine the same in the light of the material provided and, if it so desires, may also interact with the concerned advocate(s) and, thereafter, make its overall assessment on the basis of the point based format provided in APPENDIX-B to these Rules.

(6) After overall assessment by the Committee, all the names listed before it will be submitted to the Full Court along with its Assessment Report.

(7) The Full Court shall make all endeavour to first take a decision on the basis of consensus, and as far as possible, the decision shall be unanimous. Failing this, open voting may be resorted to, in which the Hon'ble Chief Justice/Acting Chief Justice will not participate.

In the event of voting, the views of the majority of the Judges, present and voting, shall constitute the decision of the Full Court. In case the Judges present be equally divided, the Chief Justice/Acting Chief Justice present shall have the casting vote.

(8) The cases, that have not been favourably considered by the Full Court, may be reviewed/reconsidered after expiry of a period of two years, following the same procedure as is prescribed above, as if the proposal is being considered afresh.

Where this provision sits

ActUttarakhand High Court (Designation of Senior Advocates) Rules, 2018
Section6
Marginal noteProcedure for Designation
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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