CiteTEXT
...complaint.2. According to the petitioner, the proceedings now proposed to be concluded in violation of Section 35(2) and (3) of the Advocates Act. Section 35(2) an...have complied with Section 35(2) and (3) and the entire proceedings are now being concluded except orders.4. This Court is of the view that if there is an infraction of any Rules of...name of the advocate from the State roll of advocates.3. In this matter, a counter affidavit has been filed by respondents 2 and 3. In the counter affidavit, it is stated that they...
...section 35 of the Advocates Act in each of the past 10 years, number of cases which were disposed of in each of the past 10 years, ...section 35 of the Advocates Act in each of the past 10 years etc. Having received no information, appellant filed first appeal. PIO...2. Appellant by his RTI application had sought for details of number of cases filed against advocates under...
...case no. 28 of 2008 be and is hereby dropped.”The petitioner says that the decision is in derogation of Section 35(1) of the Advocates Act, 1961. Section 35(1) of the Act p...to proceed with the matter.The contention of the petitioner is that Section 35(1) of the Act does not oblige the Bar Council to give notice to the person complained against or seek a...
...appellant has been reprimanded for committing a misconduct in proceedings under Section 35 of the Advocates Act, 1961. The appellant is a practising advocate at Jalgaon. He is enrolled with the...that was received by him by way of TA/DA from the University. The letter of the complainant dated 7-2-1979 was treated as a complaint and proceedings under Section 35 of the Advocates Act were initiated...committed any act of professional misconduct. The Disciplinary Committee has, however, taken the view that the conduct of the appellant constitutes other misconduct under Section 35 of the Advocates Act an...
...appellant, Shri Khanduja, has pleaded for an admonitory sentence by the Court exmis-ericordium. Of course, the punitive pharmacopoeia of the Advocates Act, in Section 35, does permit reprimand provided...
...information with respect to following:
(i) No of cases filed against advocates under section 35 of the Advocates Act with...
...information with respect to following:
(i) No of cases filed against advocates under section 35 of the Advocates Act with...
...Council bearing enrollment No.Karnataka/ 128/2012. Respondent No.2 is wife and respondent No.3 is mother-in-law of the petitioner. Respondent No.2 has preferred complaint under Section 35 of the Advocates Act, 1961...complaint under Section 35 of the Advocates' Act does not allege any professional misconduct. The individual disputes between the petitioner...
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and his wife cannot be given colour of professional misconduct to invoke Section 35 of Advocates' Act, 1...
...Advocates Act, 1961 (for short “the Act”) contains provisions for dealing with the conduct of advocates. The word “misconduct” is not defined in the Act. Section 35 of the Act in...:“19. Misconduct envisaged in Section 35 of the Advocates Act is not defined. The section uses the expression ‘misconduct, professional or otherwise’. The word ‘misconduct’...the duty of the Bar Council concerned to refer the matter to its Disciplinary Committee. The expression “reason to believe” is employed in Section 35 of the Act only for the limited purpose of using it as a filter for exclu...
...complaint made by the third respondent against the appellant, a practising lawyer. The said Disciplinary Committee found that the appellant had misconducted himself within the meaning of Section 35 of the Advocates ...aside the order of the Maharashtra Disciplinary Committee and remanded the matter. A period of one year having elapsed thereafter, by reason of Section 36-B of the Advocates Act, the matter came to be...; they must set out the reasons for which they are passed. Where the orders are based upon evidence, as is usually the case with complaints against advocates, there must be some analysis of the evidence...
...that the matter may be referred to the Disciplinary Committee for full fledged enquiry as contemplated by section 35 of the Advocates Act.6. It is further submitted that the petitioner...petitioner that the respondent No. 1 Council cannot exercise powers under resolution beyond the ambit and scope of the provisions of the Advocates Act. Under section 35(1) of the...his complaint to the Disciplinary Committee, as provided under section 35(1) of the Advocates Act.9. It may be stated that the petition was filed on 3-3-1995. Notices were issued and...
...guilty of professional misconduct and in exercise of powers under Section 35(3) of the Advocates Act, 1961 suspended his licence to practise for a period of two years. At the time when appeal was admitted....4. We, therefore, partly allow this appeal and set aside the order suspending the licence of the appellant to practise for a period of two years and instead reprimand him under Section 35(3)(b) of the...since the proceedings were not completed within a period of one year, the matter was transferred to the Disciplinary Committee, Bar Council of India in terms of Section 36-B of the Advocates Act, 1961...
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HELD: (1) Section 35 of the Advocates Act permits reprimand provided the ends of public justice are met by this leniency. Ordinarily this Court does not interfere with...pleaded for an admonitory sentence by the Court ex-misericordium. Of course, the punitive pharmacopoeia of the Advocates Act, in Section 35, does permit reprimand provided the ends of public justice are...
1979 SCC (4) 758
ACT:
Advocates Act 1961-S. 35-Rule 10, Chapter 11, Parr 6 of the Rules for professional misconduct-Scope of-Reprimand whether meets ends...
...Disciplinary Committee of the Bar Council of India under Section 35(3)(d) of Advocates Act, 1961. That thereafter, Shri Ramesh Baranwal also lodged a First Information Report for...petitioner before the Bar Council of India was a judicial proceeding as defined in Section 42(2) of the Advocates Act, 1961. The petitioner has already been awarded punishment in those proceedings...the Advocates Act. The disciplinary committee is not a Court for the purposes of Section 195 Cr. P.C The complaint of the private person is therefore, not barred...
...under Section 35 of the Advocates Act, 1961, the same will be considered. 4.Recording the same, this Writ Petition is dismissed granting liberty to the petitioner to work out his remedy under Section 35 of the Advocates Act, 1961...
...he is said to have filed a complaint against him under Section 35 of the Advocates Act. However, on the premise that no action had been taken by the authorities concerned, he again filed a writ...
...was filed in the Gujarat Bar Council on October 9, 1971.2. Section 35(1) of the Advocates Act, 1961, reads:“Where on receipt of a complaint...A.C Gupta, J.— This is an appeal under Section 38 of the Advocates Act, 1961. In a proceeding transferred to it under Section 36-B of the Act, the Bar Council of India by its...referred to above, a Bench of seven Judges decided the question whether the Bar Council of a State was “a person aggrieved” to maintain an appeal under Section 38 of the Advocates Act; the merits of the...
...counterpart of the professional duty of the advocate.19. Misconduct envisaged in Section 35 of the Advocates Act is not defined. The section uses the expression “misconduct...to take that wide canvas for understanding the import of the expression “misconduct” in the context in which it is referred to in Section 35 of the Advocates Act.23...respondent client without any delay. This appeal is filed by the said advocate under Section 38 of the Advocates Act, 1961.2. As the question involved in this appeal has topical...
...supra. The action is initiated under Section 35 of the Advocates Act, 1961, and the same cannot be challenged. The petitioner is at liberty to make all his submissions/objections etc., in this regard...
...referred to the Disciplinary Committee under Section 35 of the Advocates Act, 1961. It is stated that the refusal to refer the case to the Disciplinary Committee was vitiated, inasmuch as, it is not....
4. Section 35 of the Advocates Act, 1961 provides for punishment of advocates for misconduct. Section 35(1) is reads as follows:-
...Section 35 has to be an informed decision. It is stated that the Bar Council is required to apply its mind to find out whether there is any reason to believe that any advocate has been guilty of...