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persons entitled to practice law, Section 30 : Right of advocates to practice, Section 31 - Special Power of Attorney (Repealed), Section 32 : Power of court to permit appearances in a notice thereof to be given to the advocate made by any other disciplinary committee of that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