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...A.N Ray, C.J— (for himself and Khanna, Mathew, Gupta and Fazal Ali, JJ.)— These appeals were placed before this Bench for consideration of the question whether the Bar Council of...a State is “a person aggrieved” to maintain an appeal under Section 38 of the Advocates Act, 1961 hereinafter called “the Act”.2. The Bar Council of Maharashtra on...Disciplinary Committee. Another resolution was passed by the Bar Council of Maharashtra on the same day whereby Messrs Hotchand Advani, R.W Adik and S.C Chagla were elected as members of the Disciplinary...
...S. Saghir Ahmad, J.— Leave granted.2. The Bar Council of Kerala, which was constituted under the Advocates Act, 1961 (for short “the Act”) on 28-1...-1992, was to last for a term of five years which expired on 27-1-1997. But before the expiry of the term, it approached the Bar Council of India (BCI for short) through its letter dated 31-12-1996 for...extension of its term by six months. A reminder for this purpose was also sent on 13-1-1997.3. On receipt of the reminder from the State Bar Council, a resolution was...
...N.L Untwalia, J.— These three appeals by the Bar Council of Delhi and the Bar Council of India are from the common judgment of the Delhi High Court allowing three writ...petitions filed by the first respondent in each appeal and others seeking the setting aside of the election of the Bar Council of Delhi held in the year 1978. As the points involved in them are identical...Council before the impugned election. A proviso was added to Rule 3(j) of the Bar Council of Delhi Election Rules, 1968, in the year 1978. In accordance with that proviso a copy of the declaration...
...A.M Ahmadi, C.J— The Bar Council of India by Resolution No. 64 of 1993 dated 22-8-1993 added Rule 9 in Chapter III of Part VI of the Bar Council of India Rules which...application for his enrolment as an advocate to the State Bar Council shall not be enrolled as an advocate.”All the State Bar Councils in the country were duly...and maintained under the Act. Section 3 provides that there shall be a Bar Council for each of the States to be known as the Bar Council of that State. Section 4 next provides for a Bar Council fo...
...enrolled advocate, he was running a telephone booth allotted to him in the handicapped persons' quota. After hearing the appellant's response the State Bar Council, vide its order dated 6-11-1999...parents. His father had retired by that time.4. By order dated 20-2-2001, the Bar Council of India directed the appellant to surrender the STD booth, presumably forming an...to do in the event of the business being suddenly discontinued. As the appellant failed to surrender the STD booth, the Bar Council of India passed an order dated 31-3-2001 advising the State Bar...
...Saiyed Saghir Ahmad, J.1. Leave granted. Bar Council of Kerala, which was constituted under the Advocate's Act, 1961 (for short, the 'Act'), on 28th...January, 1992, was to last for a term of five years which expired on 27th January, 1997. But before the expiry of the term, it approached the Bar Council of India (BCI, for...of the reminder from the State Bar Council, a Resolution was circulated by the BCI to all its 18 members on 13th January, 1997 proposing to extend the term for a period of six...
...the Bar Council of India was incompetent as the Advocate-General did not fall within the expression “person aggrieved” to whom alone is given the right of appeal under Section 37 of the Advocates Act of...1961, against the orders of the Disciplinary Committee of the Bar Council of the State.3. The facts necessary to bring out the controversy may be briefly stated. The...appellant is an advocate from Maharashtra. The Bar Council of the State of Maharashtra had called upon him suo motu to show cause why he should not be held guilty of misconduct. It appears that the...
...advanced on behalf of the contemner, the U.P Bar Association and the U.P Bar Council, that the Court cannot while punishing the contemner with any of the “traditional” or “accepted” punishments for...contempt, also suspend his licence to practise as an advocate, since that power is specifically entrusted by the Advocates Act, 1961 to the Disciplinary Committees of the State Bar Council and/or the Bar...Senior Counsel appearing for the Supreme Court Bar Association, and Dr Rajeev Dhavan, Senior Advocate appearing for the Bar Council of U.P and Bar Council of India, assailed the correctness of the...
...R.C Lahoti, J.— Shri D.P Chadha, Advocate, the appellant, has been held guilty of professional misconduct by the Rajasthan State Bar Council and punished with suspension from...by Shri D.P Chadha, Advocate under Section 37 of the Advocates Act, 1961 has not only been dismissed but the Bar Council of India has chosen to vary the punishment of the appellant by enhancing the...period of suspension from practice to ten years. The Bar Council of India has also directed notice to show cause against enhancement of punishment to be issued to Shri Anil Sharma, Advocate. The Bar...
...two special leave petitions being SLPs (C) Nos. 13755 of 1996 and 12989 of 1998 moved by the Bar Council of Maharashtra and Goa and the Bar Council of India respectively raise a common question for...our consideration, namely, whether the Bar Council of India Training Rules, 1995 (for short “the Rules”) as amended by the resolution of the Bar Council of India in its meeting dated 19-7-1998 relating...to training of entrants of the legal profession are within the competence of the Bar Council of India or are ultra vires its rule-making powers under the Advocates Act, 1961 (for short “the Act”) and...
...Council of the State of Delhi, was held guilty of professional misconduct and suspended from practice for a year by the Disciplinary Committee of the said Bar Council. He appealed to the Disciplinary...Committee of the Bar Council of India under Section 37 of the Advocates Act. The appeal was dismissed. His appeal to this Court under Section 38 of the Act was dismissed summarily at the preliminary hearing...wrote that the document was important in the case and action was, therefore, called for.4. The Disciplinary Committee of the Bar Council of the Union Territory of Delhi took up...
...order. The relevant portion reads as under:“2. The Officiating Secretary, Bar Council of India, Mr C.R Balaram filed an affidavit on behalf of the Bar Council of India...wherein he states that a ‘National Conference’ of members of the Bar Council of India and State Bar Councils was held on 10-9-1994 and 11-9-1994 and a working paper was circulated on behalf of the Bar...Council of India by Mr V.C Misra, Chairman, Bar Council of India, inter alia on the question of strike by lawyers. In that working paper a note was taken that the Bar Associations had proceeded on...
...Court:(1) Whether the provisions of Rules 121 and 122-A of the State Bar Council of Madhya Pradesh Rules (for short “the M.P Rules”) are ultra vires Section 15 of...15(1) of the Advocates Act?(3) Whether Rules 121 and 122-A of the M.P Rules are invalid for want of prior approval from the Bar Council of India...carry out the powers conferred upon the State Bar Councils under Sections 15(1), 15(2), 28(1) and 28(2) read with Chapter II and other provisions of the Advocates Act. The State Bar Council of Madhya...
...1. This is an appeal filed by a complainant against orders passed by the Bar Council of India on 27-4-1992 in a review petition filed by the first respondent-advocate whereby...the review was allowed and the order passed by the Bar Council of India dated 4-10-1991 was set aside and the order of the Delhi Bar Council dated 2-5-1990 was restored.2...29-11-1984 the Bar Council of Delhi held Shri Pritam Singh, the first respondent guilty of professional misconduct and suspended him from practice for a period of three years. The first respondent...
...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...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...or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its...
...Bombay High Court in Manubhai Paragji Vashi v. Bar Council of Maharashtra (for short “the impugned judgment”) and relate to elections to the...Bar Council of Maharashtra and Goa.2. The facts very briefly are that for elections to the Bar Council of Maharashtra and Goa (for short “the State Bar Council”), electo...roll was prepared in which the names of the advocates on the roll of the State Bar Council who had not paid the subscription as per Part VI Chapter II Rule 40 of the Rules were deleted from the...
...V.R Krishna Iyer, J.— These two appeals by special leave relate to the same subject-matter, namely, the validity of the election to the Bar Council of Madhya Pradesh of twenty...Court fell into a grievous error in entertaining the writ petition.2. Briefly the facts are as follows. The election to the Bar Council of Madhya Pradesh took place under the...Indian Advocates Act. There are rules framed by the Bar Council of Madhya Pradesh with the approval of the Bar Council of India regulating the disputes regarding election. There is specific provision...
...Bar Council of India.4Section 6 of the Advocates Act entrusts myriad functions to the SBCs. These functions comprehend entry into and conduct of legal professionals...India which is recognised for the purposes of this Act by the Bar Council of India; or (iii-a) after undergoing a course of study in law, the duration of which is not less than two academic...any University in India which is recognised for the purposes of this Act by the Bar Council of India; or]
[(iv) in any other case, from any University outside...
...to the aforesaid question may briefly be stated. The respondent-assessee — Bar Council of Maharashtra — is a body corporate established under the Advocates Act, 1961 (25 of 1961) which came into force...referred to the High Court for its decision under Section 256(1) of the Act. The High Court took the view that having regard to the obligatory functions enjoined upon a State Bar Council under Section 6 of...All India Bar. Under Section 3 of the Act Bar Councils are constituted for various States and the assessee-Council happens to be a State Bar Council for Maharashtra. Section 5 provides that every ...
...P.K Balasubramanyan, J.— The Bar Council of India challenges the judgments of the High Court of Allahabad in two writ petitions holding that the appointment of Respondent 5 in.... Respondent 5 was appointed Principal of the said Law College on 11-12-1995. On an inspection, the Bar Council of India found that Respondent 5 did not possess a qualification in law and hence withdrew...and whether it was not essential to have a degree in law before one could be appointed as Principal of a law college. The Bar Council of India was not a party to the writ petitions. The High Court took...