Certified copy of the order complained against with 5 extra copies. Notice may also be sent for service through any Civil Court. Subject to any resolution of the Bar Council of India in this behalf relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal. In the present case, the power of taking any punitive action against an Advocate for misconduct vests under Section 35 of the 1961 Act only with the disciplinary … Such a translation thereof in English has to be made by a person nominated by Committee or Registrar certifying the same to be true copy should also be sent. Hearing of complaints. (3) Whenever the records of proceedings are transferred under Section 36B of the Act to the Council, the requirements in Rule 9 (2) of this Chapter shall be followed by the Disciplinary Committee of the State Bar Council. 19. The Sabah Advocates Disciplinary Board is responsible for disciplinary proceedings under part V of the Advocates Ordinance. 30A. It is a behavior not conforming to prevailing standards or laws, or dishonest or bad management, especially by persons entrusted or engaged to act on another's behalf. The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India, quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees. 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. (2) Any matter allotted to a particular Disciplinary Committee which has not been heard may be reallocated to a different Disciplinary Committee. In view of the same, the BCTN dropped the disciplinary proceedings initiated against the advocates and revoked their suspension. (date) for the hearings of the case at ºººººº (place) in accordance with the procedure prescribed under the relevant rules of the Council. Review Application ºººººººººº ººº, ºººººººººº                                                                     Petitioner/s (2) An application for inspection shall be made to the Registrar of the Disciplinary Committee. (2) The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an advocate to appear as Amicus Curiae. (4) The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars as it considers necessary. The parties in the above proceedings will take notice that the hearing in the same has been fixed :-. Dated :                                                                                                                                                    Registrar, Witness Shri ºººººººº Chairman of the Disciplinary Committee of the Bar Council of ºººººººº at ºººººººº this the ºººººººº day of ºººººººº…. (1) If in an enquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee in spite of service of notice, the Committee may proceed ex-parte or direct fresh notice to be served. They signed a contract with us to do experiments here. The concerned judge wrote a letter informing the incident to the chief justice of India. dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed; suspend the advocate from practice for such period as it may deem fit; remove the name of the advocate from the State roll of advocates. King Mahasammata gov­erned the world with righteousness. Provided that no order of the disciplinary committee of the Bar Council of India shall be varied by the Supreme Court so as to prejudicially affect the person aggrieved without giving him a reasonable opportunity of being heard. Docket Number: 201,352-0: Title of Case: In re Disciplinary Proceeding Against Abele: File Date: 08/27/2015: Oral Argument Date: 05/26/2015 (4) Where the notice sent to any party cannot be served as aforesaid it may be served by affixing a copy thereof in some conspicuous place in the office of the Bar Council, and also upon some conspicuous part of the house (if any) in which the party concerned is known to have last resided or had his office, or in such other manner as the Committee thinks fit. (Subject to necessary modifications), Before the Disciplinary committee (ºº) of the Bar Council of India, D.C. Appeal ºººººº No. 26. D.C. enquiry No …………………………. (to be filled in) …………………………………….. (To be filled up if the vakalatnama is filed by the advocate). 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. The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under C.P.C. (3) Every memorandum of appeal shall be accompanied by the prescribed fees in cash. E-1 and E-2. The respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any part of the record on which he intends to rely. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in court dress. Any person aggrieved by an order made by the disciplinary committee of the Bar Council of India under section 36 or section 37 or the Attorney-General of India or the Advocate-General of the State concerned, as the case may be, may within sixty days of the date on which the order is communicated to him, prefer an appeal to the Supreme Court and the Supreme Court may pass such order including an order varying the punishment awarded by the disciplinary committee of the Bar Council of India thereon as it deems fit. 9. ººººº of the Bar Council of  ºººººº in Case (1) Subject to the provisions contained in Rule 29 (2) in this chapter, 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, save when any such case has been allotted by the Council to any particular Disciplinary Committee. [Rev. Sometimes the Council allots a particular case to any one particular Disciplinary Committee. Age…………………………………………. Now the king had a wise nobleman called Manu, who was well versed in the law. ºººººººº of   ººº Rangadurai v. D. Gopalan and Others The Advocates Act, 1961 as well Indian Bar Council are silent in providing exact definition for professional misconduct because of its wide scope, though under Advocates Act, 1961 to take disciplinary action punishments are prescribed when the credibility and reputation on the profession comes under a clout on account of acts of omission and commission by any member of the profession. It shall be competent for the Disciplinary Committee to award such costs as it thinks fit. In Re: Vinay Chandra Mishra AIR 1995 SC 2348; In this case a senior advocate in on being asked a question in the court started to shout at the judge and said that no question could have been put to him. (2) Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such period. Charges as prescribed under the rules shall however be payable for all additional copies of the said order applied for. The date of an Order made by the Disciplinary Committee shall be the date on which it is first received in the office of the Bar Council after all the members have signed it. ºººººººº Chairman of the Disciplinary Committee of the Bar Council of India at (Place) this the ºººººººº day of  ººººººººººººº. Disciplinary Committee of Disciplinary Committee of the 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. For that purposes it has to publish the reports of the disciplinary proceedings. Any person aggrieved by an order of the disciplinary committee of a State Bar Council made under section 35 or the Advocate-General of the State may, within sixty days of the date of the communication of the order to him, prefer an appeal to the Bar Council of India. T he Bar Council of Delhi (BCD) on whose rolls advocate Prashant Bhushan is enrolled, has issued notice to him asking him show-cause why disciplinary proceedings under the Advocates Act, 1961 should not be initiated against him for having been found guilty of contempt of court by the apex court. (3) Save as otherwise directed by the Disciplinary Committee of the Council, in an appeal by the advocate against an order under Section 35, in case of death of the complaintant the legal representatives of the complainant shall be made parties. …………………………………………, Notice under Section 35 (2)/ 36(3) of the Advocates Act, 1961. On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass. Disciplinary Committee, (2) The Registrar of the Disciplinary Committee shall send free of charge to each of the parties in the proceedings, a certified copy of the final order or judgement as set out in Rule 36 in this Chapter. Sir, A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama. ººººººº (Member) 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. Aliens asked not to announce that they are here – Ex-head of Israel’s security space program claimed - The UFOs have been waiting for humanity to evolve and reach a stage where we will generally understand what space and spaceships are. to the Registrar, Disciplinary Committee, Bar Council of ……………….. on or before ……………. (1) An appeal to the Council provided for under Section 37 of the Act, shall be in the form of a memorandum in writing as set out in Rule 21 in this Chapter. observed: The reputation of the legal profession is the sum total of the reputation of the practitioners. The orders passed under this sub-rule shall be communicated to the parties and to the Secretary of the Bar Council concerned. The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council. The appellant shall be required to file six typed sets of the papers properly paged and indexed, if there is only one respondent. Unless otherwise indicated, where more than one Advocate appears for the same party, it is sufficient to serve the notice on any of them. (1) A complaint against an advocate shall be in the form of a petition duly signed and verified as required under the Code of Civil Procedure. Every memorandum of appeal shall be accompanied by the prescribed fees in cash. 7. Place : Form – G It means any activity or behavior of an advocate in violation of professional ethics for his selfish ends. The complaint against the advocate, who is the Appellant/Respondent in this appeal was filed on ………………………….. in the Bar Council of …………………………….. Any other part of the record as may be directed by the Committee. (1) The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for purposes of Section 36B of the Act and send all the records of proceedings that stand transferred under the said Section. ………………………… of the Disciplinary Committee of the Bar Council of ……………………………………………. 23. The appellant has paid Rs. "4. Form – J – I ºººººººº/- ººººººº (in words) being the cost incurred in the Bar Council of……………………………..within months from the date of this Order. If the parties fail to appear in person or by advocate or to comply with the other requirements of this notice, the Committee will proceed ex-parte or make such other orders as it may deem fit. (c)  if there are more respondents than one, as many additional true copies as may be necessary. (1) The memorandum of appeal referred to in Rule 19 (1) of this Chapter shall contain necessary particulars as in Form G. The memorandum of appeal shall state when the order was communicated to the appellant and how it is in time. It has been held that in departmental proceedings, the delinquent has no right to be represented by an Advocate and that the proceedings would not be bad only for the reason that the assistance of an Advocate was not provided to him. Vs. 36. 24. Misconduct, according to Oxford dictionary means a wrongful, improper, or unlawful conduct motivated by premeditated act. Decision of Case by the Disciplinary Committee. Registrar, Once the Bar Council has referred the complaint to a disciplinary committee, the Registrar should expeditiously send a notice to the advocate. Both the disrespect and proceedings for professional misconduct were charged against him. A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal. (2) Any such order for proceeding ex-parte may be set aside on sufficient cause being shown, when an application is made supported by an affidavit, within 60 days of the passing of the ex-parte order. (1) The appellant shall be required to file six typed sets of the following papers properly paged and indexed if there is only one Respondent and as many more sets as there may be additional respondents for the use of the Disciplinary Committee and by the other parties and for the record :-. The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under C.P.C. Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, 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. (2) As soon as possible after the order is made by the Disciplinary Committee, in respect of every order where costs are awarded to any of the parties, a decretal order shall be drawn up as in Form J- 1/J-2 at the end of this Chapter signed by the Secretary of the State Bar Council or the Council as the case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council or the Council as the case may be. (e) examine any witnesses. of Document              Document              Document, D. Application for Stay, and other matters. [AIR 1979 SC 281], a majority judgment in an appeal filed under Section 38 of the 1961 Act The people in general and advocates in particular should know how misconduct will be dealt with. The Registrar of the Disciplinary Committee shall send, free of charge to each of the parties in the proceedings, a certified copy of the final order or judgment. That the Appeal be and the same is hereby dismissed/allowed; (a)        Those of the complainant as C1,C2, etc. Date this         day of Is he guilty of the offence of the criminal contempt of the Court for having interfered with and obstructed the course of justice by trying to threaten, overawe and overbear the Court by using insulting, disrespectful and threatening language, and convict him of the said offence. The last sentence added w.e.f. 13. It shall be sent to the advocates appearing for the parties. The Registrar of the State Council concerned shall send along with the records a list containing particulars under the following columns and comply with such other directions as may be issued. For the purpose of limitation the date of the Order shall be the date on which the contents of the Order duly signed as aforesaid are communicated to the parties affected thereby. From — E – 1 (b)  five additional copies of the memorandum of appeal and of the order appealed against, if there is only one Respondent; if there is more than one Respondent, such number of additional copies as may be necessary. When the Constitution under Article 19 enables professional expertise to enjoy a privilege and the Advocates Act confers a monopoly, the goal is not assured income but commitment to the people ­ the common people whose hunger, privation and hamstrung human rights need the advocacy   of   the   profession   to   change   the   existing   order   into   a   Human   Tomorrow.” Notice to a party not appearing by the advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal. Proceedings of Tribunal. 100/-ºººººººº, The appellant files this appeal for the following amongst other grounds : –. (b) Those of Respondent as R1, R2,etc. justified in proceeding with the disciplinary proceedings against him. On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee: The Disciplinary Committee of Bar Council of …………………, The exhibits shall be marked as follows: –. (Subject to necessary modifications), Disciplinary Committee (ºººº) of the Council of India. ºººººººº ºº payable by ººººººººº to ºººººººººº, 5. In case the order of punishment has been passed by the Disciplinary Committee of the State Bar Council, an Appeal may be preferred to the Bar Council of India under Section. Appeal against order of Tribunal. The Registrar has to give notice of the date, hour and place to the complainant or other person aggrieved, the advocate concerned, and the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be. Subject to any resolution of the Bar Council of India relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal. No  ººººººº of   ºººº), ºººººººººººº                                                             Appellant(s) Shri. HC Bar Association, Allahabad and others, his conduct is bound to infect the members of the Bar all over the country. 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. (3) Notwithstanding the provisions of Rule 30 in this Part, the Chairman of any Disciplinary Committee shall have powers to issue interim orders on urgent matters which may be placed before him by the Registrar. 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. 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