Advocates Act, 1961, Section 35(1) -- Advocate - Professional or other misconduct - Respondent Advocate on selection as Judicial Officer got his license to practise suspended in 1972 - Dismissed from service on charge of corruption as well as misconduct unbecoming of a Judicial Officer - Permitted to resume practice by State Bar Council in 1977 - Complaint by some members..........
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..........
Advocates Act, 1961, Section 35(1), 24A -- Advocate - Professional or other misconduct - Respondent Advocate on selection as Judicial Officer got his license to practise suspended in 1972 - Dismissed from service on charge of corruption as well as misconduct unbecoming of a Judicial Officer - Permitted to resume practice by State Bar Council in 1977 - Complaint by some..........
Strike call -- No Court is obliged to adjourn a cause because of the strike call given by any Association of Advocates or a decision to boycott the Courts either in general or any particular Court - It is the solemn duty of every Court to proceed with the judicial business during Court hours - No Court should yield to pressure tactics or boycott calls or any kind of..........
Advocates Act, 1961, Section 35, 38 -- Bar Council of India Rules, Rr.47, 48 - Professional misconduct - It is in the nature of quasi criminal charge - Requires to be established not be preponderance of probabilities but beyond reasonable doubt - Charge that Advocate carried on taxi business - At the time of enrolment he had owned taxis - Plea of Advocate that after..........
Lawyer's Chambers -- Lawyers Chambers (Allotment and Occupancy) Rules - Rules 2 to 4 and 23 - Supreme Court Rules, 1966 - Ratio of 7 : 2 : 1 in the matter of allotment of Chambers to Advocates-on-record, Senior Advocates and non-Advocates-on-Record is in conformity with Rule 4 of Lawyers Chamber (Allotment and Occupancy) Rules and not unreasonable or arbitrary...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for injunction restraining Municipal Committee from demolishing Lawyers Chambers constructed unauthorisedly within Court Complex - No Chambers available for Advocates in Court Complex - No ground for granting injunction - There can be no injunction against rightful owner...........
Criminal Procedure Code, 1973, Section 385, 386 -- Appeal against conviction - The case set down for hearing on different dates without notifying the names of the advocates appearing for the appellant, but showing the name of the Advocate who had retired from the case - Held that decision in the case without hearing the appellants or their Advocate has resulted in..........
Contempt of Court -- Committed by the Govt. Officials - Order of High Court that Government Advocates and Standing Counsel for State cannot be allowed to appear and defend Government officials against whom notices for contempt of Court are issued and further holding that in all such cases the legal expenses should be borne personally by the alleged contemnor except when he..........
Quick Disposal of Cases -- Adjournments - Very often adjournments are taken in collusion between two opposing lawyers in direct contravention of provisions of Advocates Act and provisions of Rule 1(2) of Order 17 CPC - This rule indicates that there should be day-to-day hearing of all suits unless for some exceptional reasons, to be recorded, adjournment becomes necessary..........
