Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Reprimand is also one of penalties...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - A-1 gave an undertaking not to resume practice - In view of this undertaking, nothing survives in appeal preferred by complainant against A-1 - However, as regarding A-2 being son of A-1 was in practice only for one year at the relevant time and he was assisting his father/A-1 as his junior colleague -..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Service of notice - In current situation prevailing due to Covid-19 pandemic, if a notice was/is to be sent on whatsapp, then the same must also be sent via email on the same date - This would imply that a notice can be sent via whatsapp only if sender also has email address of notice available with him..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Notice issued to petitioner was defective, not properly addressed and not properly served, either by whatsapp or by post - Resolution/order passed thereafter to suspend licence to practice of petitioner, while referring complaint to disciplinary committee, has been reached..........
Advocates Act, 1961, Section 35 -- Advocate - Suspension of licence - Power of State Bar Council - Power of taking any punitive action against an advocate for misconduct vests u/s 35 of the Act only with disciplinary committee of State Bar Council - There is no specific or implied power conferred on a State Bar Council under the Act to take punitive action against advocate..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Act of Advocate nothing to do with professional conduct - Very initiation of disciplinary proceedings against appellant by State Bar Council held, improper and without jurisdiction and hereby set aside...........
Advocates Act, 1961, Section 35, 36, 38 -- Advocate - Professional misconduct - Enquiry by Disciplinary Committee - Opportunity to cross examine witnesses not granted - Documents in vernacular script and members of Disciplinary Committee not familiar with vernacular script and they could not appreciate the documents when it was in a language not known to them - Without..........
Advocates Act, 1961, Section 35, 38 -- Professional misconduct - Gross negligence - In discharge of professional service to client - In the instant case, complainant alleges that cheque handed over to advocate for initiating criminal action was not handed over to him - However, as per advocate, he returned cheque but he failed to get acknowledgment from complainant - Said..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection' of the advocate already on record - Party may discharge his advocate anytime, with or without cause by withdrawing his vakalatnama or..........
Civil Procedure Code, 1908, Order 3, Rule 4, Advocates Act, 1961, Section 35, Constitution of India, 1950, Article 225 -- Court of Karnataka Rules, 1959, Ch.5, Rr.1, 2 - Appointment of new advocate - In absence of `no objection'of the advocate already on record - Party has absolute right to appoint a new advocate - Even, party cannot be denied of his right to appoint a new..........