In order to attract the application of section 35 of the advocates act the misconduct need not be professional misconduct alone. Apart from that the panchsheel of the bar are Honesty, Industry, Justice, Service and Philisophy and Panchsheel of the bench according to Sri ram Kishore Rande are, Impartiality, Independence, Integrity and Industry, Judicial activism and Prayer. Critique The advocates act 1961 was a long sought after legislation to consolidate the law relating to the legal practioners, constitution of autonomous Bar Councils, prescription of uniform qualification for admission and enrolment of persons as advocates, more importantly it imposes punishment for professional misconduct by advocates and in that respect it acts as a quasi-judicial body. Disciplinary. On that basis, the complainant pleaded that disciplinary action be taken against the appellant. If the SDT makes … However the intention of the legislature to uphold the dignity of the profession and to preserve the moral etiquette among legal practioners have been largely achieved by the Act. In state of Punjab v Ram Singh the supreme Court held that the term misconduct may involve moral turpitude, it must be improper or wrong behaviour, unlawful behaviour, willful in character, a forbidden act, a transgression of established and definite rule of action or code of conduct, but not mere error of judgement, carelessness or negligence in performance of duty. Advocacy is a noble profession and an advocate is the most accountable, privileged and erudite person of the society and his act are role model for the society, which are necessary to be regulated. Breach of Trust By Misappropriating The Asset Of Client Harish Chandra Tiwari v. Baiju; Court held on these fact, Appellant Harish Chandra Tiwari was enrolled as an advocate with the Bar Council of the State of UP in May 1982 and has been practising since then, mainly in the courts at Lakhimpur Kheri District in UP. Therefore, the very initiation of disciplinary proceedings against the appellant by the State Bar Council was improper and without jurisdiction. On the basis of the said complaint disciplinary proceedings were initiated against respondent No. Hence to understand the instances of misconduct we have to rely on decided cases. It is very clear from the provisions of Section 35 that punishment can be awarded to an Advocate if he is found guilty of professional or other misconduct. Without prejudice to his defence, the learned counsel for the appellant submitted that even if the aforesaid contents in the complaint are accepted as correct, the act of the appellant was not as an Advocate and, therefore, could not amount to committing misconduct. The lay person has to approach appropriate fora constituted under Consumer Protection act 1986 to get any pecuniary relief due to the loss caused by such misconduct, if it fits under deficiency of service. Broadly speaking, it envisages any instance of breach of discipline. DISCIPLINARY PROCEEDING • Set out in Part VII/7of the LPA 1976, which has been simplified by the Legal Profession (Amendment) Act 2006 • The amendment has introduce a single tier system in investigation which any complain against the advocates and solicitor to be conducted by the Disciplinary Committee(DC) • Before the amendment, written complain were reffered by DB to an … Sending a letter to relevant employee: ... an … However, it has reduced the term of suspension of license from 2 years to one year along with cost of Rs.25,000/- to be paid to the complainant. (2) Neither Section 35 nor any other provision of the Act defines the expression ‘legal misconduct’ or the expression ‘misconduct’. 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. This is enough to make him totally unfit to be a lawyer by writing the letter in question. Since June 2002, a provision has been made for the appointment of three (3) lay persons into the tribunal. Not use name/services for unauthorized practice; An advocate may not allow his professional services or his name to be associated with, or be used for any unauthorized practice of law by any lay agency. Even as per the complainant’s own admission, it is much thereafter that the complainant intended to sell the property in question when he found himself in need of money.It is this sale which the appellant tried to interdict. Events. email@example.com, Prahlad Saran Gupta V Bar council of India, UP Sales tax service association v taxation Bar Association, Agra, C Ravichandran Iyer v Justice AM Bhattacharjee, Chandra Sekhar Soni v Bar Council of Rajastan, The bar Council of Maharastra v MV Dabholkar, NA Mirzan V the disciplinary committee of the Bar council of Maharastra, CD Sekkizhar v Secretary, Bar Council, Madras, Shri Narain Jafa V The Hon. ... we will prosecute the case and proceedings will follow a general process. Bar Association Decisions – inspect a list of recent Bar Council, tribunal and court decisions concerning disciplinary action taken against legal practitioners. An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. In the present case since the contents of the sting recordings were admitted and there was no need for the proof of integrity and correctness of the electronic materials. 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