(Subject to necessary modifications), To Procedure for Complaints against Advocates: A complaint against an advocate has to be in the form of a petition. (3) The date of an Order made by the Disciplinary Committee shall be the date on which the said Order is first received in the office of the Bar Council after it has been signed by all the members thereof. The complaint could be filed in English or in Hindi or in regional language where the language has been declared to be a state language and in case the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India under the Advocates Act. The order of the Disciplinary Committee of the Bar Council of ºººººººººº was received/communicated to the applicant on ºººººººººº. Whereas the proceedings between the parties above referred to before the Disciplinary Committee of the Bar Council of ºººººstand transferred to the Bar Council of India under Section 36B of the Advocates Act, 1961 and the records in the same have been received by the Bar Council of India for disposal by the Disciplinary Committee of the Bar Council of India as provided for in the said Section 36B read with Section 36A and the other provisions of the Act and the Rules of the Bar Council of India in this behalf. (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. The reputation of the legal profession is the sum total of the reputation of the practitioners. The disciplinary committee of the Bar Council of India has also power to withdraw for inquiry before it- self and dispose of any proceedings for disciplinary action pending against any advocate before the Disciplinary Committee of any State Bar Council." Their advocate if a complaint against advocate council india bar … (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. (2) In every appeal filed under Section 37 (1) of the Act, all persons who were parties to the original proceedings shall alone be impleaded as parties. The parties engaging any counsel may send their Vakalatnama duly signed by the counsel giving the address of the Advocate for the purpose of future communication. 22. This is because the Bar and the Bench form a noble and dynamic partnership geared to the great social goal of administration of justice, and the mutual respect of the Bar and the Bench is essential for maintaining cordial relations between the two. Docket Number: 200,271-4: Title of Case: In re Disciplinary Proceeding Against Sanders: File Date: 10/26/2006: Oral Argument Date: 03/29/2006 The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. 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. Respondent(s) Affidavit in support of application for stay with 5 extra copies. 30. The concerned judge wrote a letter informing the incident to the chief justice of India. 60A. ººººººººººººººººººº Respondent(s) The appeal has to be presented on or before the last day of limitation. The reason given in support of the finding may be given in the form of a judgment. Please note that notice of the hearing sent to the Advocate will be sufficient notice to the party even if a copy of the notice is sent to any of the parties. You are required by the Rules to furnish to the said A.B. (Name & address), ………………………………………………. observed: (Under Rule 21 in Chapter I, Part VII of the Rules of the Bar Council of India) The Rules in this Chapter so far as may be, shall apply to all proceedings of the Disciplinary Committee of State Bar Councils or of the Bar Council of India. Disciplinary Committee of (b) Those of Respondent as R1, R2,etc. The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council. 1. (3) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certifited 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. 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. Any member of the Committee or any other person authorised by the committee shall record the evidence given before the Disciplinary Committee preferably in English. Case No. Decision of Case by the Disciplinary Committee. Sometimes the Council allots a particular case to any one particular Disciplinary Committee. 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. The outcry of the counsel amounts to contempt of court and also needs a reference to the Bar Council of Tamil Nadu and Puducherry for taking disciplinary proceedings against her, … Dated the ººººººººººººººººººº ……………………. "4. ), ………………………………………………………………..Complainant (s), Notice under Section 36B read with Section 35 and 36 (2) of the Advocates Act and the Rules made thereunder. E-1 and E-2 be sent to the advocates appearing for the parties. 33. 23. Such service shall be deemed to be sufficient service. 10. 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. (2) Before a matter is allotted to a Disciplinary Committee under Rule 22 above, the registrar may obtain orders on applications for interim stay or other urgent applications from the Chairman of any of the Disciplinary Committees. 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. (to be filled in) …………………………………….. (To be filled up if the vakalatnama is filed by the advocate). E-1 and E-2. In an appeal by the advocate against an order for misconduct, in case of death of the complainant, the legal representatives of the complainant shall be made parties. It is not an ordinary suit before a civil court. 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. Explanation : Appearance includes, unless otherwise directed, appearance by an advocate or through duly authorised representative. Versus (2)  (a) In the case of an enquiry against only one advocate, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings. Whereas on the application of ºººººººººº /suo motu the Disciplinary Committee of the Bar Council of ºººº having considered that there are prima facie grounds for Review of the Order made in Case No. It is a body entrusted with powers to conduct disciplinary proceedings against advocates and solicitors and to mete out appropriate punishments. (3) The Decretal Order aforesaid shall be furnished to any party to the proceeding on application made therefor, and on payment of the charges prescribed under the rules. The notices may be sent ordinarily through messenger or by registered post and served on the advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code. The Sabah Advocates Disciplinary Board is responsible for disciplinary proceedings under part V of the Advocates Ordinance. Appeal against order of Tribunal. Review of the Decision of Bar Council of India. A statement issued by president declared fresh elections to be held in two rounds on April 30 and on May 10. 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. days from the date of this notice. All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. Every complaint shall be accompanied by the fees as prescribed in the rules framed under Section 49 (h) of the Act. A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal. 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 a period. (1) Where a State Bar Council makes a report referred to in Section 36 (2) of the Act, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India all the records of the proceedings along with the report. Charges as prescribed under the rules shall however be payable for all additional copies of the said order applied for. As Amicus Curiae hearing will proceed ex-parte against him elitist profession gave him an imprisonment 4... Persons who were parties to examine the witnesses that may be given in support application! 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