Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Set aside subject to payment of costs within 15 days failing which ex parte order to revive - Period of six months lapsing - Advocates strike no ground for condonation of delay as applicant himself could have deposited money...........
Advocates Act, 1961, Section 35, 38 -- Advocate - Professional misconduct by Advocate of defending litigation in which having personal interest in Land Acquisition cases - Debarring from practice for ever - Held, debarring a person from pursuing his career for his life is an extreme punishment and calls for caution and circumspection before being passed - Sentence should..........
Advocate -- Enrolment - Candidate holding degree in law of any University in India constituted under any Central or State Act is eligible to be enrolled as an Advocate - 'Any University in India' refer only to a University constituted under any Central or State Act and does not include or refer to any independent private college which is affiliated to such University -..........
Advocates Act, 1961, Section 35, 38 -- Advocate - Misappropriation of client's money - Disciplinary Committee proceedings commenced - Advocate forged an affidavit in the name of his client that a compromise had been arrived but client repudiated the alleged compromise and denied having received any amount from the Advocate - Till now Advocate did not return even a single..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - Wife filing case u/s 498-A IPC against husband - Father and brother of wife Advocates and their influence is such that no senior lawyer was ready to argue bail application of husband - Hundreds of lawyers thronged Court when bail application came up for hearing - Case transferred from Court at place 'B' to..........
Contempt of Courts Act, 1971, Section 12, Advocates Act, 1961, Section 34(1), Rule 11 framed by High Court of Kerala -- Advocate - An Advocate punished for contempt cannot appear as counsel in Court unless he purges himself of contempt - Undergoing of punishment or tendering apology will not amount to purge - To purge himself the contemner is to implant or infuse in his..........
Advocates Act, 1961, Section 44 -- Review - By different Bench - Earlier order cannot be modified by taking another view of the same set of facts...........
Advocates Act, 1961, Section 35, 37, 44 -- Advocate - Advising his client to bribe the judge or win by personal influence - Bar Council suspended him from practice for 2 years - Bar Council in appeal enhanced punishment debarring to practice permanently - In review, punishment reduced to reprimand - Supreme Court finding order passed in review not sustainable in law -..........
Legal profession -- Nature, credibility and reputation - Legal profession is not a trade or business - It is a noble profession - Members not to encourage dishonesty and corruption but have to strive to secure justice to their clients if it is legally possible - Credibility and reputation of profession depends upon the manner in which the members of the profession conduct..........
Advocates Act, 1961, Section 35 -- Witnesses present in Court - Advocate has a duty to see that their examination is conducted - If the Advocate has any unavoidable inconvenience it is his duty to make other arrangement for examining the witness who is present in Court - Seeking adjournment without examining witnesses present in Court - Amounts to misconduct...........
