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Friday, 29 September 2017

Right to Practice - A Right or Privilege?

Difference between Right and Privilege

Right 
  1. Standard of permitted action by law; Legally enforceable claim, inseparable with remedy
  2. Involves a duty on some one else for the benefit of the right-holder
  3. Action or forbearance comes from the one who is burdened to satisfy the right

Privilege
  1. Benefit or immunity conferred by law on a group of persons 
  2. Person who enjoys the liberty can by himself do or abstain from doing anything which he has the right to do or abstain from doing 
  3. No such thing 

Chapter IV of the Advocates Act, 1961 
–Advocates to be the only recognised class of persons to practice law (s. 29) 
–Right to advocates to practice (s. 30) 
–Advocates alone entitled to practice

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