Advocates Disciplinary Committee: Jurisdiction & Procedure Advocates Disciplinary Committee 4/12/2014 2. Provisions in Advocates act 1961 The advocates act 1961 is a comprehensive legislation that regulates the legal practice and legal education in India. 2009. Your email address will not be published. The question for our consideration is whether Mr. R.K. Anand and Mr. I.U. It was held that it is the duty of every advocate who accepts a brief in a criminal case to attend the trial day to day. This resulted in passing of decree dated 24.10.1994 by the Court in which the complainant was declared owner of 0.03 acres along with kutcha house out of the disputed property. 3 disciplinary demons commonly employed by the 'devil advocate' and how to deal with them! Finally the Supreme Court upheld High Court’s verdict making Anand guilty on the same count. On the other hand, the Supreme Court let off I U Khan, who was found guilty by the High Court. Admittedly, in the instant case, the complainant was selling the property to the intending buyer which was an arrangement between them unconnected with any legal proceedings. Barristers’ Chambers disciplinary procedures. At that stage, the appellant produced objection letter against the proposed sale deed and objected for registration of the said sale deed on the ground that the complainant did not have full ownership of the proposed land and the market value was also shown less in the said sale deed. He submitted that lawyers who are officers of the Court cannot use strikes as a means to blackmail the Courts or the clients. Appointment of Inquiry Panel. To find out if a lawyer is enrolled with a State Bar Council, you can file an application under the RTI Act for the same. The facts under consideration involved advocates positioning themselves at the entrance to the Magistrate’s courts and rushing towards potential litigants, often leading to an ugly scrimmage to snatch briefs and undercutting of fees. The case of Adi Phirozshah Gandhi v. H.M. Seervai, before the Supreme Court was one in which suo motu action was taken against the advocate by the Bar Council of Maharashtra. Respondent No. Without prejudice to his defence, the learned counsel for the appellant submitted that even if the aforesaid contents in the complaint are accepted as correct, the act of the appellant was not as an Advocate and, therefore, could not amount to committing misconduct. Court impose a cost of Rs. However, Mr. Omewa opposed, insisting that he was ready to proceed with the trial. These may entail chambers dealing with serious allegations of misconduct or negligence. If the SDT makes … It also enjoins that if it is considered appropriate to take oral evidence the procedure of the trial of civil suits shall as far as possible be followed. He agreed that no force or coercion should be employed against lawyers who are not in agreement with the “strike call” and want to discharge their professional duties. The Supreme Court has, in some of its decisions, elucidated on the concept of ‘misconduct’, and its application. Perhaps the dimension of the gravity of such breach of trust would be mitigated when the misappropriation remained only for a temporary period. To understand the scope and implication of the term ‘misconduct’, the context of the role and responsibility of an advocate should be kept in mind. Such punishment can be reprimand [Clause (b)], suspension from practice for a certain period [Clause (c)] and removal of the name of the advocate from the State roll of advocate [Clause (d)], depending on the gravity of the mis-conduct found established. Advocates Act, 1961. Some of the instances of Professional misconduct are as follows, 1) Dereliction of duty 2) Professional negligence 3) Misappropriation 4) Changing sides 5) Contempt of court and improper behaviour before a magistrate 6) Furnishing false information 7) Giving improper advice 8) Misleading the clients in court 9) Non speaking the truth 10) Disowning allegiance to court 11) Moving application without informing that a similar application has been rejected by another authority 12) Suggesting to bribe the court officials 13) Forcing the procecution witness not to tell the truth. Thus the contemner Vinay Chandra Mishra is hereby sentenced to undergo simple imprisonment for a period of six weeks and he shall stand suspended from practising as an advocate for a period of three years. AIR 1976 SC242 6) B. M. Verma v. Uttrakhand Regulatory Commission. Accordingly, in exercise of powers conferred by Article 215 of the Constitution proceedings for contempt of Court (as defined in Section 2(c) of the Contempt of Courts Act, 1971) were initiated against Mr. Anand, Mr. Khan and Mr. Sri Bhagwan Sharma and they were asked to show cause why they should not be punished accordingly. Under Sub-section (3) of Section 35 of the Act the Disciplinary Committee of the State Bar Council is empowered to pass an order imposing punishment on an advocate found guilty of professional or other mis-conduct. Suspend or censure Council said it does take ‘ ’ No action as under..., I can not penalise any advocate for a period of three,! 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