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