Post was not sent - check your email addresses! DISCIPLINARY PROCEEDINGS, COMPLAINTS, REVISIONS, REVIEWS etc Part VII CHAPTER-I Complaints against Advocates and Procedure to be followed by Disciplinary Committees of the State Bar Council and the Bar Council of India (Rules under Section 49 (1) (f) of the Act) A. The complaint against the advocate, who is the Appellant/Respondent in this appeal was filed on ………………………….. in the Bar Council of …………………………….. In the case Noratanmal Chaurasia vs M.R. Notice of hearing of complaint under Section 35/36 of the Advocates Act, 1961 and Rule 5, Chapter I, Part VII of the Rules of the Bar Council of India. ), ………………………………………………………………..Complainant (s), Notice under Section 36B read with Section 35 and 36 (2) of the Advocates Act and the Rules made thereunder. In the case of an enquiry against one advocate only, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings. (3) Excepting when the Committee has otherwise directed, service on the advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served. In re Disciplinary Proceeding Against Dann, 136 Wn.2d 67, 77, 960 P.2d 416 (1998) (citing In re Disciplinary Proceedings Against Johnson, 118 Wn.2d 693, 701, 826 P.2d 186 (1992)). Who is the person aggrieved in the complaint against advocate before Bar Council? If not people should know action against him. The reputation of the legal profession is the sum total of the reputation of the practitioners. Further the disciplinary committee of Bar Council of India also found him guilty of professional misconduct and ordered his name to be removed from the roll of Bar Council of Maharashtra and Goa. The date of an order made by the Disciplinary Committee shall be the date on which the said order is first received in the office of the Council after it has been signed by all the members thereof. We see and hear, there is a lot of discussion in the world about the Magna Carta composed in the 13th century, some scholars also call it the foundation of democracy. The Respondent is informed that the said application will be heard by the Disciplinary Committee of the Council of ºººººººº on ºººººººººººº at (time) ºººº at place ººººº and that if the Respondent does not appear in person or through his advocate on the said date or on such other date to which the hearing may be adjourned, the matter will be heard and disposed of in his absence. The Registrar shall give notices to the parties, informing them of the date, the time and the place of the hearing of the appeal. It may be noted that under the Advocates Act, the concerned State Bar Council can take disciplinary action against any advocate who is found to be guilty of professional or other misconduct. Proceedings of Tribunal. Shri. (a) a certified copy of the Order complained of, ººººº ºººººº (Chairman) (1) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, inspection of any of the records in any proceeding before the Disciplinary Committee may be permitted to the parties or their advocates on presentation of an application duly signed by the applicant or his advocate and on payment of the prescribed fee on any working day except during the summer or other vacations of the Supreme Court. An application for Review under Section 44 of the Act shall be in the form of a petition duly signed and supported by an affidavit accompanied by the prescribed fee and filed within 60 days from the date of the Order sought to be reviewed. All About Procedure for filing Complaints against Advocates By Nisha Singla (Download PDF). 25. (2) The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in order of date, all relevant information concerning the date of filing, the date for hearing and despatch and service of the notices on the parties or the Advocates or the Attorney General or the Additional Solicitor General or the advocate General as the case may be, of statements or petitions filed and/or of the order thereon and of other proceedings in the matter before the Committee. (Name & address) Punishment S35. The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under section 35 expeditiously and in each case the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, as the case may be, failing which such proceedings shall stand transferred to the Bar Council of India which may dispose of the same as if it were a proceeding withdraw for inquiry under sub-section (2) of section 36. 2. The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars, as it considers necessary. It is further suggested that there must be various career guidance and development programs conducted by the Bar Council immediately after enrolment so that new legal professionals are aware of the do’s and don’ts of this profession so that there be a better group of advocates in the coming decades. vs. (b) the evidence oral and documentary and such other papers on which parties intend to rely. ºººººººººº Miscellaneous Petition No. ………………………… of the Disciplinary Committee of the Bar Council of ……………………………………………. The appeal has to be presented on or before the last day of limitation. In every application for stay made to the Council, the applicant shall state if any application has been made to the State Council and the orders thereon. (4) If the papers filed in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time. Form – K (2) If the Disciplinary Committee requires or permits, a complainant may file a replication within such time as may be fixed by the Committee. In the context of misconduct of an advocate, any conduct that in any way renders an advocate unfit for the exercise of his profession, or is likely to hamper or embarrass the administration of justice may be considered to amount to misconduct, for which disciplinary action may be initiated. DISCIPLINARY PROCEEDINGS, COMPLAINTS, REVISIONS, REVIEWS etc, (Rules under Section 49 (1) (f) of the Act). The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates. Indeed, the monopoly conferred on the legal profession by Parliament is coupled with a responsibility a responsibility towards the people, especially the poor. The credibility and reputation of the profession depends upon the manner in which the members of the profession conduct themselves. 6. The Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee) or such other member authorised in this behalf by the Council) shall have the power to allocate matters relating to the Disciplinary Committee. (5) Payment of bills and/or charges for summons to witness etc. 68/1999]. Reports by Tribunal and action thereon. But it is equally true that even before Magna Carta, 'Basant Mantapam' of Lord Basaveshwara came into existence in India in the 12th century itself. Certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee. A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama. Registrar, 2. ººººº dated ººººº, The parties to the appeal will please take notice that the hearing of the above appeal before the said Committee has been fixed for ººººº the ºººººº at ºººººº (Place) ººººººº at ººººººº. Decision of Case by the Disciplinary Committee. That there shall be no order as to costs; That the Appellant/Respondent do pay to the Respondent/Appellant herein the sum of Rs ºººººº/- [Rupees ºººººº (in words)] being the costs incurred in the Bar Council of India as well as the sum of Rs. The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs. , improper, or unlawful conduct motivated by premeditated Act appeal for the appeal, Rule 6 of this shall...: appearance includes, unless otherwise directed, appearance by an advocate ºº payable by to! All additional copies of the Act be borne by the M.O date this day of of... Well versed in the depths of Mars, where their representatives are, therefore, the. 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