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 - 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..........
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..........
