CiteTEXT
...Privy Council in A, a Pleader v. Judges of High Court of Madras AIR 1930 PC 144 laid down that charges of professional misconduct must be clearly prove..., 1976 held both the appellant and A.N Agavane guilty of professional misconduct and directed that the appellant be suspended for a period of four months from June 1, 1976 and Agavane for a period of two...complainants alleged various acts of professional misconduct against the appellant and Agavane. According to them, the appellant and Agavane sometimes impersonated as other advocates for whom the briefs...
...any recoveries he might make in the legal proceedings in respect of which he was engaged. On this being reported to the High Court the matter was referred to the Bombay Bar Council and was investigated by three of its membe...Rules of this Court. The only question is whether, on the facts and circumstances set out above (all of which are admitted by Mr G), his engagement of 20-12-1952, amounts to professional misconduct....For the Hon'ble Chief Justice and other Hon'ble Judges of the Bombay High Court: M.C Setalvad, Attorney-General for India (G.N Joshi and P.G Gokhale, Advocates, with h...
.... A complaint was lodged against him with the Council of the Institute of Chartered Accountants. After inquiry the respondent was found guilty of misconduct, and the report was forwarded by the Council to the High ...respondent was grossly improper and unworthy and amounted to professional misconduct within the meaning of the Act.
In a reference under S. 21 of the Act the High Court has...."
The learned Judges of the Calcutta High Court have held that the conduct of which the respondent is proved to have been guilty cannot be said to be professional misconduct pro...
...Ayyangar, J.— This appeal has been filed by special leave of this Court against the judgment of the High Court of Andhra Pradesh by which the appellant who is an advocate was held guilty of ...examine them and this was accordingly done, their evidence was recorded and submitted to the High Court. The matter was thereafter heard by a Bench of 3 Judges and the learned Judges being of the opinion t...principles which it would observe in dealing with them. The jurisdiction exercised by the High Court in cases of professional misconduct is neither civil nor criminal as these expressions are used in Articles 133 ...
...allegation of misconduct is to be made by a committee of the Bar Council. Every person whose name is entered in the roll of advocates is entitled as of right to practise in the High Court of which he is an advocate, vide Se...persons who were admitted to be ‘advocates of the High Court’ under this Act. Section 9 empowered the Bar Council to make rules to regulate the admission of persons to be advocates of the High Court; and S...Allahabad High Court. The question for consideration is: whether appointment of Respondent 3 as Additional Judge of the Allahabad High Court was an infraction of Articles 217(2) and 217(1) of the...
...complaint received from the High Court against one Kelawala and 15 other advocates among whom are those charged with professional misconduct and covered by the present appeals, under Section 35(1)...V.R Krishna Iyer, J.— These appeals have filled us as much with deep sorrow as with pained surprise. The story of the alleged “professional misconduct” and the insensitivity of...professional misconduct and we share this alarm. Were this view right, it is difficult to call the legal profession noble. Were this understanding of deviant behaviour sound, there is little to distinguish...
..., 1951 sent a petition to the High Court making a complaint against the appellant of professional misconduct and praying that the Hon'ble High Court might be pleased to order an enquiry i...advised to take for recovery of the said amount, to complain against the appellant and his unprofessional conduct to the High Court and the Bar Council. This notice was received by the appellant on...October, 1949 and did not specifically deny having written the same. Upon the presentation of the petition the appellant submitted a written explanation before the High Court. The High Court under...
...order of the High Court should be deemed to be in practice within the meaning of section 2(2) and that while acting as a liquidator he must be deemed to be in practice as a chartered accountant and that ...this case. Here it must be distinctly understood that no other circumstance, no other misconduct was involved. The Disciplinary Committee proceeded on the ground of professional misconduct and on no other. They app...‘professional misconduct in relation to members of the Institute in service’ and Part HI deals with ‘professional misconduct in relation to members of the Institute generally’. These are the three parts of...
...what is professional misconduct in relation to chartered accountants in practice. Part II of the First Schedule sets out professional misconduct in relation to members of the Institute in service and Part ...II sets out professional misconduct in relation to members of the Institute generally requiring action by the High Court. In exercise of the powers...there is no nexus between the purpose of the Act and the notification issued which deems professional misconduct. In the facts and circumstances of this case, this court is of the view that there is...
...Lord Thankerton-
This appeal is from an order of the High Court of Judicature at Madras, dated 3rd May 1928, by which the appellant, a vakil of 12 years' standing, was found guilty of ...by counsel. Waller, J., submitted a report on 26th March 1928, in which he stated that all the charges had been made out and that the appellant "had been guilty of the grossest professional misconduct. On 14th April 1928 th...Court is empowered to approve, admit and enrol vakils to plead and act according to the rules and directions of the Court, and under S.10 of the High Court is empowered to make r...
...30-3-1992, the Disciplinary Committee of the Bar Council of India passed an order holding Shri Amin guilty of professional misconduct for having made a false statement before the High Court of Bombay and a...misconduct on the complaint made by Shri Patel. The punishment has been inflicted for the alleged misconduct of his having made a wrong statement before the High Court of Bombay regarding dismissal in default of th.... Shri Amin was never put to notice that the factum of making a false statement before the High Court was proposed to be treated as an act of professional misconduct. He was also not noticed to show cause why he be...
...the counsel has made a mockery of the judiciary and the High Court; has indulged in grave professional misconduct and has deliberately misled the High Court. In the last para of ...9269/06. (Pending) invoking Sec. 35 of Advocates Act, and Bar Council Rules of professional con duct requesting High Court to direct Bar Council for appropriate action………………...Wali is deliberately misleading the Hon'ble High Court, which is professional misconduct as per Hon'ble Supreme Court in (2001) 2 SCC 221 : (...
...recommendation of the Munsif was that the pleader should be suspended from practice for one year. The reference was heard by the High Court of Orissa' and by its order dated March 15, 1955, the High Court ...with the High Court that the appellant was undoubtedly guilty of grave professional, misconduct. A member of the Bar undoubtedly owes a duty, to his client and must place before the Court all that...judge to send back report to the Subordinate civil judge- Report once made Proceedings can terminate by- Final Order of the High Court only--Member of the Bar-Officer of the Court-Duty to client and...
...General of the High Court based on a complaint made by one, Ramchandra Rao, a graduate and a private employee in Hyderabad who brought to the notice of the High Court about the professional ...wherein while examining as to what would constitute “misconduct” as an Advocate under the provisions of the Advocates Act, 1961, this Court has held as under in paras 7 and 8...the degree of professional misconduct and that imposition of any such punishment should achieve twin objectives of deterrence and correction.10. When we apply the said...
...the Institute either permanently or for such period as the High Court thinks fit;(d) refer the case to the Council for further inquiry and report.”6. “Professional misconduct”...Act, and therefore was guilty of professional misconduct under clause (1) of Part I of Second Schedule read with Sec. 21 and 22 of the Act. The report of the Disciplinary Committee was placed before...forward the case to the High Court with its recommendations thereon.”5. We are concerned with sub-sec. (4) and (5). This appears to be a case which is covered by sub-sec. (5), as the Council...
...under the Advocates Act, 1961, alone had exclusive jurisdiction to inquire into and suspend or debar an advocate from practising law for professional or other misconduct and that the Supreme Court of...the power to withdraw any case pending in any High Court or High Courts to itself or to transfer any case from one High Court to another High Court (Article 139-A) and to review ...high prerogative writs like writ of quo warranto, habeas corpus, mandamus, certiorari and prohibition etc.; they are frequently resorted to in Indian High Courts and the Supreme Court...
...professional misconduct. The High Court directed the District Judge, Budaun, under Section 10(2) of the Bar Councils Act to hold an inquiry into the conduct of Mr Jafa with reference to the allegations made in Mr S...action of the Advocate is characterised by the High Court as a piece of sharp practice which was entirely unworthy of a member of the Bar and amounted to professional misconduct. The second subsidiary...the offence to his enemies. Ganesh was convicted and sentenced to 5 years' rigorous imprisonment, but his sentence was reduced on appeal by the High Court to one year's rigorous imprisonment. Mr Jafa...
...Prem Chand Singhvi. It was alleged that the appellant was guilty of professional misconduct and the complainant requested that suitable action be taken against him in that behalf. Since the appellant was not a pleader or a ...Rajasthan, the complaint was sent for enquiry to the Tribunal nominated by the Chief Justice of the High Court of Rajasthan under Section 10(2) of the Bar Councils Act. The Tribunal held an enquiry, recorded evidence and ca...examined. The appellant Manak Lal gave evidence on his behalf. Both the members of the Tribunal and the learned Judges of the High Court of Rajasthan have, on the whole, accepted the complainant's version, rejected the plea...
...:
1957 AIR 722 1957 SCR 1092
ACT:
Professional misconduct-Advocate borne on the rolls of a High Court and Supreme Court-Debarred by ...' standing, and was enrolled as an advocate of the then Federal Court in the year 1939. As will presently appear, he has had a chequered career at the Bar. A Full Bench of the Madras High Court, presided over by th...the record, and of the possible explanation of Sundararajayya, the Tribunal had no difficulty in coming to the conclusion that the appellant "is clearly guilty not only of professional misconduct but also a clear breach of ...
...professional misconduct was not raised, but clearly the vakil was guilty of professional misconduct as he acted contrary to his client's specific directions and moreover he did so for his own benefit....is guilty of professional misconduct, but the decision was based on a rule of that Court.In view of the fact that there is at present no rule of the Madras High Court prohibiting a practiti...it to be professional misconduct. His client had refused to apply for leave to bid himself and was obviously content to take whatever price was realized at the, court-auction provided the reserve...