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 - If advocate is discharged by his client and advocate has any genuine claim against his client relating to the fees payable to him, appropriate course for him is to return the..........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Professional misconduct - Appearing for and against the same client - Plea of difference of nature of two proceedings - Held, it amounts to professional misconduct when property involved in both the cases is same...........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Scope of Regulation 33 - Rule restrains a lawyer from acting for another client on the ground of conflict of interest as duty of lawyer owed to his former client, not to act prejudicially to his interest, does not come to an end with termination of earlier case of his client..........
Advocates Act, 1961, Section 2(d), 3, 35 -- Professional misconduct - Allegations of misconduct of violating terms and conditions of his appointment as Notary - Status of person as an advocate is sine qua non to be recognized as Notary - Misusing blank stamp papers with attestation by affixing his signature as well as rubber stamp impressions is very serious conduct..........
Advocates Act, 1961, Section 35, 36 -- Advocate - Professional misconduct - Advocate attesting a sale deed which was false to his knowledge and attempt made to create title in himself - Advocate, held, guilt and suspended from practice for 3 months - Fact that complainant and Advocate settled the matter does not mitigate or wipe out professional misconduct...........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Advocate once appeared for opposite party in the said case - Fact not disclosed to appellant - Advocate neither appeared nor filed written statement - Defence of appellant struck off - Compensation enhanced - Held, Advocate is guilty of professional misconduct and suspended from practice for six..........
Advocates Act, 1961, Section 35 -- Advocate - Professional misconduct - Charge is in nature of quasi criminal in nature - It is required to be established not by preponderance of probabilities but beyond a reasonable doubt...........
Advocates Act, 1961, Section 34, 35 -- Change of counsel - Unpaid fee - Advocate on termination of attorney has no lien over the litigation files for his unpaid fee - Refusal to return file to client amounts to misconduct - If Advocate has any genuine claim or grievance against his client the appropriate course is to return his brief with endorsement of no objection and..........
Advocates Act, 1961, Section 35 -- Two Advocates connived with the parties and became instrument in obtaining orders by way of collusion - Thus, becoming participants in fraud on the court - Held, if any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law - Case of two Advocates referred to Bar Council for appropriate action...........
Advocates Act, 1961, Section 35 -- Misconduct - A professional or other misconduct committed by a member of the profession should ordinarily be judged qua profession...........
