Advocates Act, 1961, Section 35 -- Advocate - Unpaid fee - No lien on litigation papers - An advocate does not have a lien for his fees on the litigation papers entrusted to him by his client - Refusal to return the files to the client when he demanded the same amounts to professional misconduct - Professional concerned can resort to other legal remedies for unpaid..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Appearance of new counsel without obtaining consent of counsel already appearing in case - Such conduct would amount to abuse of the process of Court and can also amount to professional misconduct...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation of - Petition for cancellation of bail moved by Advocates who have nothing to do with said case - Held, improper to refuse to look into the matter on premise that such a petition is not maintainable in law...........
Constitution of India, 1950, Article 225 -- Criminal Procedure Code, 1973, S.439 - Allocation of cases - Power of Chief Justice - Practicing Advocates presented petitions to Chief Justice for cancellation of bail granted to accused - Chief Justice directed petitions to be placed before Division Bench - Refusal of Division Bench to take action on petition on ground that..........
Advocate -- Enrolment - Pre-enrolment training - S.49(1)(ah) of Advocates Act, 1961, deals with a situation which is post enrolment of an advocate and does not deal with pre-enrolment situation for a candidate seeking enrolment and the Bar Council of India cannot frame rules prescribing pre-enrolment training and examination...........
Advocate -- Enrolment - Provisional enrolment envisaged by the Bar Council of India Rules, 1995 is totally dehors the scheme of the Advocates Act, 1961...........
Advocate -- Enrolment - Pre-enrolment training - The rule making power under S.49(1)(ag) of the Advocates Act, 1961 is ancillary to the statutory function entrusted to the Bar Council of India by S.24(3)(d) - It cannot travel beyond the said statutory sphere - Bar Council of India cannot frame rule prescribing pre-enrolment training for being enrolled as an advocate...........
Advocate -- Enrolment - Pre-enrolment training - Under S.7 of the Advocates Act, 1961 Bar Council of India can suggest ways and means to promote legal education to be imparted by the Universities and for that purpose it may lay down the standard of education, syllabi in consultation with the Universities in India - Bar Council of India cannot itself take up the role of..........
Advocate -- Enrolment - Pre-enrolment training - It is a statutory function of the State Bar Council only - Bar Council of India has no role to play in this respect - All it has to do is to approve any Rules framed by the State Bar Council under S.24(1) of the Advocates Act, 1961 laying down further qualifications for a person to be enrolled by it on the state roll as an..........
Advocates Act, 1961, Section 35(1) -- `Other misconduct' - An Advocate while practising law may commit any other misconduct which may not necessarily be professional misconduct e.g. if a practising advocate who is enrolled as an advocate on the roll of the State Bar Council concerned is found guilty of any misdemeanour or misconduct not necessarily in his capacity as a..........
