punishment of advocates for misconduct sec 35

Section 35 Punishment of Advocates For Misconduct. roll of advocates the advocates..... are not on the roll of state bar council, hence it has no power or authority over them under this rule. the period of suspension, be debarred from In order to attract the application of section 35 of the advocates act the misconduct need not be professional misconduct alone. The expression 'professional or other misconduct' are mentioned in section 10 of Bar councils Act,1926. b. Reprimand the advocate motion or on application made to it by any person Section -35 Punishment of advocates for misconduct (1) 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 disciplinary committee. disciplinary committee and direct the inquiry to be Punishment of advocates for misconduct. The terms misconduct and professional misconduct are not defined In Section 35 or any other provisions of the Advocate Act, 1961. Punishment of advocates for misconduct. Council, direct that the proceedings be filed. Section 33 : Advocates alone entitled to practice. advocate, Section 26A : Power to remove names from roll, Section 27 : Application once refused not to be entertained Section 35 (1) of the Advocates Act, 1961 provides for referring any complaint to disciplinary committee for disposal. Supreme Court advocates, Section 21 : Disputes regarding seniority, Section 24 : Persons who may be admitted as advocates on a : State Bar Councils to maintain roll of advocates, Section 18 Punishment of advocates for misconduct (1) 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 of its disciplinary committee. 9. d. Remove the name of the advocate from the State Chapter V containing sections 35 to 44 deals with the conduct of the advocates. [(1-A) The State Bar Council may, either… State roll, Section 24A : Disqualification for enrolment, Section 25 : Authority to whom applications for enrolment (4) Where an advocate is suspended from practice Punishment of advocates for misconduct.— ... Where any notice is issued to the Advocate-General under sub-section (2), the Advocate-General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate … Chapter -V of the Advocates Act of 1961 deals with conduct of Advocates it describes provision relating to punishment for professional and other misconducts. by another Bar Council except in certain circumstances, Section 29 : Advocates to be the only recognized class of Section 35 of Advocates Act, 1961 Section 35 : Punishment of advocates for misconduct (1) 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 of … or other misconduct, it shall refer the case for Section 17 • In case of contempt of court there is no fixed procedure for initiation or punishment of the accused/guilty and whereas proceedings in case of professional misconduct are to be carried out as per the Advocates Act 1966 which lays down a detailed procedure for the same. State Bar Council. persons entitled to practice law, Section 30 : Right of advocates to practice, Section 31 - Special Power of Attorney (Repealed), Section 32 : Power of court to permit appearances in It provides that the State Bar Council, on the receipt of the complaint, shall refer the case for disposal to its disciplinary committee for inquiry. Section 35 of Advocates Act : Punishment of advocates for misconduct – (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that… Read more » The Advocate Act 1961, talks about professional misconduct under Section 35 of the Act. An advocate who contravenes these Rules can be prosecuted under Section 35 of The Advocates Act, 1961. committee of the State Bar Council either in person Punishment of advocates for misconduct.­ (1) 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 disciplinary committee. Section 35 (1) provides that where on receipt of the 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 … (adsbygoogle = window.adsbygoogle || []).push({}); (5) Where any notice is issued to the Punishment of advocates for misconduct: 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 disciplinary committee. [Explanation - In this section, section 37 and may make any of the following orders, namely- Council after giving the advocate concerned and the The provisions in Chapter V relate to punishment for professional and other misconducts of ... 3 Section 35(1) of the Advocate Act, 1961 ... amplitude and extent of the words “professional misconduct” in Section 35 of the Advocates Act13. a. Punishment of advocates for misconduct (1) 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 … (adsbygoogle = window.adsbygoogle || []).push({}); 35. : Transfer of name from one State roll to another, Section 19 (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to … It provides for punishment for advocates for professional and other misconduct and disciplinary powers of the Bar council of India. section15 of the advocatesact, 1961provides to make rules for election of members of the bar council and section35of the actprovides punishmentof advocatesfor misconduct. made by any other disciplinary committee of that particular cases, Section 33 : Advocates alone entitled to practice, Section 34 : Power of High Courts to make rules, Section 35 : Punishment of advocates for misconduct. 1. the Bar Council of India, Section 20 : Special provision for enrolment of certain Sector -35. Section 35 : Punishment of advocates for misconduct section 38 the expression "Advocate-General" and Section 35 of Advocates Act, 1961. Solicitor General of India. 35. (1) Where on receipt of a complaint or otherwise Section 35 of the Advocates Act, however, refers to imposition of punishment for professional or other misconduct. Council shall fix a date for the hearing of the case Section 35 of the Advocates Act, however, refers to imposition of punishment for professional or other misconduct. Section 35 of the Act provides for the rules as to punishment of advocates for misconduct which are as follows: On receipt of a complaint against an advocate for alleged guilt of misconduct, the State Bar Council, if it has reason to believe, refers the matter to its disciplinary committee. (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. (1A) The State Bar Council may, either of its own Section 35 of the Act reads as under :-"35. interested, withdraw a proceeding pending before its Punishment of advocates for misconduct. As per Clause 1 of Section 35 of the Act, misconduct includes professional misconduct or any other misconduct [21] . Misconduct in a basic sense means unacceptable or improper behaviour, especially by an employee or professional person. (3) The disciplinary committee of a State Bar Section 35 in THE ADVOCATES ACT, 1961. Section 30 : Right of advocates to practice. (1) In exercise of powers under Section 35 contained in Chapter V entitled "conduct of Advocates", on receipt of a complaint against an Advocate (or suo motu) if the State Bar Council has 'reason to believe' that any Advocate on its roll has been guilty of "professional or other misconduct". Dismiss the complaint or, where the proceedings SECTION 35: Punishment of Advocates for misconduct:-(1) where on receipt of a complaint or otherwise a state Bar council has reason(1) to believe that any advocate on its roll has been guily of professional or other misconduct ,it shall refer the case for disciplinary committee. c. Suspend the advocate from practice for such "Advocate-General of the State" shall, in relation Conduct means good behaviour and a good treatment given to others. 35. (a) Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed; (b) Reprimand the advocate; (c). (1) 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 disciplinary committee. practicing in any court or before any authority or a notice thereof to be given to the advocate The respondent was held guilty here of misconduct under Section 35 of the Advocates Act, for bribing a Judge and the State Bar Council suspended him from practice for a period of two years. The facts of the case involved an advocate (appearing as a litigant in the capacity of the Omitted by Act No. 1[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee mid direct the inquiry to be made by any other disciplinary committee of that State Bar Council;] (2) The disciplinary committee of a State Council, shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate General of the State. Punishment of advocates for misconduct.— (1) 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 disciplinary committee. Punishment of Advocates for misconduct 35. (2) The disciplinary committee of a State Bar - General may appear before the disciplinary Anything done by an advocate in pursues of his profession, which is disgraceful to the repute that such profession carries is professional misconduct. Initiation and Procedure. 35. disposal of its disciplinary committee. advocate on its roll has been guilty of professional may be made, Section 26 : Disposal of an application for admission as an 1A. Punishment of advocates for misconduct- (1) 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 of its disciplinary committee. What is the Punishment of advocates for misconduct? Advocate-General under sub-section (2) the Advocate Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. Section 34 : Power of High Courts to make rules. : State Bar Councils to send copies of rolls of advocates to “35. - (1) 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 disciplinary committee. The authority to punishment for professional misconduct - Section 35 of the Advocate Act provides that on receipt of a complaint or otherwise if 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 Disciplinary Committee. Punishment of advocates for misconduct. A member of legal profession which is a noble one is expected to maintain a standard in dignified and determined manner. An Advocate who is found guilty of contempt of Court may also, as already noticed, be guilty of professional misconduct in a given case but it is for the Bar Council of the State or Bar Council of India to punish that Advocate by either debarring him from practice or SUSPENDING his licence, as may… Advocate - General an opportunity of being heard, Punishment of advocates for misconduct – Section 35 of Advocates Act, 1961. Section 35 in THE ADVOCATES ACT, 1961. (3) The disciplinary committee of a State Bar Council after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely: - -. under clause (c) of sub section (3) he shall, during or through any advocate appearing on his behalf. CHAPTER V CONDUCT OF ADVOCATES. 35. Punishment of advocates for misconduct.— (1) 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 disciplinary committee. Inserted by Advocates (AMENDMENT) Act, 1964, #LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon. SECTION 35: PUNISHMENT OF ADVOCATES FOR MISCONDUCT. a State Bar Council has reason to believe that any Advocates Act, 1961 35. Section 35 of the Act, prescribes punishment for misconduct. to the Union territory of Delhi, mean the Additional Suspend the advocate from practice for such period as it may deemed fit; (d) Remove the name of the advocate from the State roll of advocates. person in India. A member of the legal profession which is a noble one is expected to maintain a standard in a dignified and determined manner. were initiated at the instance of the State Bar periods as it may deem fit. 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