bar
“The Bar” means advocates collectively, as distinct from the Bench (the judges). The word comes from the rail in old courtrooms that separated the judges from the public; advocates were “called to the bar”. Bar associations are voluntary bodies of advocates practising in a court, while Bar Councils are statutory regulators under the Advocates Act.
In a second sense, a bar is a legal impediment that prevents a claim or proceeding, for example the bar of limitation, the bar of res judicata under s.11 CPC, or a statutory bar on the jurisdiction of civil courts under s.9 CPC.
Example
The suit was hit by the bar of res judicata, since the same question had been finally decided between the same parties in the earlier suit.
In Indian law
- Advocates Act, 1961
- Sections 9 and 11, Code of Civil Procedure, 1908 (bar on jurisdiction; res judicata)
See also
bench · Bar Council of India · advocate · res judicata
Read more in the study notes
- ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
- Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
- Stages of mediation, models of mediation and code of conduct for mediators (Alternative Dispute Resolution Systems)
- Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
- Cognizance, dismissal of complaints, commencement of proceedings and limitation (Bharatiya Nagarik Suraksha Sanhita)
- Bail, anticipatory bail and bonds (Bharatiya Nagarik Suraksha Sanhita)