Initiation and Procedure. Section 33 : Advocates alone entitled to practice. section 38 the expression "Advocate-General" and Punishment of advocates for misconduct. 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. (adsbygoogle = window.adsbygoogle || []).push({}); (5) Where any notice is issued to the periods as it may deem fit. roll of advocates Sector -35. disciplinary committee and direct the inquiry to be Conduct means good behaviour and a good treatment given to others. 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 » (1) Where on receipt of a complaint or otherwise may make any of the following orders, namely- Dismiss the complaint or, where the proceedings 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. Punishment of advocates for misconduct. by another Bar Council except in certain circumstances, Section 29 : Advocates to be the only recognized class of The facts of the case involved an advocate (appearing as a litigant in the capacity of the “35. Council after giving the advocate concerned and the d. Remove the name of the advocate from the State 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. : State Bar Councils to maintain roll of advocates, Section 18 [Explanation - In this section, section 37 and Advocate - General an opportunity of being heard, Inserted by Advocates (AMENDMENT) Act, 1964, #LawyerServices #Section #Act #Law #Statute #IndianLaw #Kanoon. • 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. a notice thereof to be given to the advocate 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. (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 of the Advocates Act, however, refers to imposition of punishment for professional or other misconduct. Chapter -V of the Advocates Act of 1961 deals with conduct of Advocates it describes provision relating to punishment for professional and other misconducts. the advocates..... are not on the roll of state bar council, hence it has no power or authority over them under this rule. Section 34 : Power of High Courts to make rules. Section 35 of the Act reads as under :-"35. It provides for punishment for advocates for professional and other misconduct and disciplinary powers of the Bar council of India. 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 Council, direct that the proceedings be filed. The Advocate Act 1961, talks about professional misconduct under Section 35 of the Act. or other misconduct, it shall refer the case for Section 35 of the Advocates Act, however, refers to imposition of punishment for professional or other misconduct. 35. 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 … CHAPTER V CONDUCT OF ADVOCATES. (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 … 107 of 1976 2. the period of suspension, be debarred from Section 35 : Punishment of advocates for misconduct were initiated at the instance of the State Bar (1A) The State Bar Council may, either of its own 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 … person in India. Council shall fix a date for the hearing of the case Anything done by an advocate in pursues of his profession, which is disgraceful to the repute that such profession carries is professional misconduct. State roll, Section 24A : Disqualification for enrolment, Section 25 : Authority to whom applications for enrolment 1. - (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. a State Bar Council has reason to believe that any 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… committee of the State Bar Council either in person What is the Punishment of advocates for misconduct? a. An advocate who contravenes these Rules can be prosecuted under Section 35 of The 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 to its disciplinary committee. As per Clause 1 of Section 35 of the Act, misconduct includes professional misconduct or any other misconduct [21] . Section 17 A member of the legal profession which is a noble one is expected to maintain a standard in a dignified and determined manner. 1A. Chapter V containing sections 35 to 44 deals with the conduct of the advocates. 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. disposal of its disciplinary committee. concerned and to the Advocate General of the State. Section 35 (1) of the Advocates Act, 1961 provides for referring any complaint to disciplinary committee for disposal. (3) The disciplinary committee of a State Bar SECTION 35: PUNISHMENT OF ADVOCATES FOR MISCONDUCT. may be made, Section 26 : Disposal of an application for admission as an (4) Where an advocate is suspended from practice Section 35 of the Act, prescribes punishment for misconduct. : State Bar Councils to send copies of rolls of advocates to Section 35 in THE ADVOCATES ACT, 1961. In order to attract the application of section 35 of the advocates act the misconduct need not be professional misconduct alone. 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. The expression 'professional or other misconduct' are mentioned in section 10 of Bar councils Act,1926. The terms misconduct and professional misconduct are not defined In Section 35 or any other provisions of the Advocate Act, 1961. 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. (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. Punishment of advocates for misconduct. Misconduct in a basic sense means unacceptable or improper behaviour, especially by an employee or professional person. Advocates Act, 1961 35. Punishment of Advocates for misconduct 35. 35. A member of legal profession which is a noble one is expected to maintain a standard in dignified and determined manner. advocate, Section 26A : Power to remove names from roll, Section 27 : Application once refused not to be entertained State Bar Council. 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. 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. - General may appear before the disciplinary (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). (2) The disciplinary committee of a State Bar to the Union territory of Delhi, mean the Additional 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. under clause (c) of sub section (3) he shall, during the Bar Council of India, Section 20 : Special provision for enrolment of certain 9. motion or on application made to it by any person Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. section15 of the advocatesact, 1961provides to make rules for election of members of the bar council and section35of the actprovides punishmentof advocatesfor misconduct. Supreme Court advocates, Section 21 : Disputes regarding seniority, Section 24 : Persons who may be admitted as advocates on a 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. advocate on its roll has been guilty of professional Advocate-General under sub-section (2) the Advocate or through any advocate appearing on his behalf. (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". c. Suspend the advocate from practice for such 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 … Section 35 Punishment of Advocates For Misconduct. Section 35 in THE ADVOCATES ACT, 1961. Punishment of advocates for misconduct. : Transfer of name from one State roll to another, Section 19 b. Reprimand the advocate Punishment For Professional Misconduct As per section 35 of the Advocate Act,1961 if a person is found guilty of professional misconduct then the case will be referred to a disciplinary committee, then they fix a date of hearing and issue a notice to the Advocate. Omitted by Act No. Section 35 of Advocates Act, 1961. 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 (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 … 35. made by any other disciplinary committee of that 35. Section 30 : Right of advocates to practice. interested, withdraw a proceeding pending before its 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. (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: - -. (adsbygoogle = window.adsbygoogle || []).push({}); 35. practicing in any court or before any authority or Solicitor General of India. [(1-A) The State Bar Council may, either… 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. 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. Punishment of advocates for misconduct – Section 35 of Advocates Act, 1961. 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