punishment of advocates for misconduct sec 35

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 Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases.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