Bonafide Disciplinary Proceedings By Bar Council Have Statutory Indemnity Against Legal Action: Madras High Court
2 years, 7 months ago

Bonafide Disciplinary Proceedings By Bar Council Have Statutory Indemnity Against Legal Action: Madras High Court

Live Law  

The Madras High Court recently emphasized on "statutory indemnity" available to the Bar Councils with respect to bonafide disciplinary proceedings initiated against Advocates. The bench of Justice RN Manjula observed as under: The State Bar Council is expected to take a call and take action against any advocate if a complaint is preferred against the advocate and when the State Bar Council has reasons to believe that the advocate has been found guilty of professional misconduct or other misconduct, as per Section 42 of the Advocates Act, the Disciplinary Committee of the Bar Council is conferred with certain powers of the Civil Court for the purpose of conducting the disciplinary proceedings. The Bar Council mainly contended that all proceedings before the Disciplinary Committee of the Bar Council was deemed to be judicial proceeding and such legal proceedings/orders were indemnified against any legal proceedings before the court by virtue of Section 48 of the Advocates Act. The court noted that since the proceedings before the Bar Council were quasi-judicial, an aggrieved party could make use of the Appeal remedies provided under the Advocates Act.

Appeal Court Bar Council Legal Proceedings Disciplinary Bar Order Council Forum Puducherry Madras High Good Faith Appellate Section 48 Mr Sethukumar Sethukumar  madras  high  appellate  court  legal  proceedings  disciplinary  indemnity  order  council  forum  sethukumar  bar  statutory  bonafide  appeal

History of this topic

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC
2 weeks, 6 days ago

Advocates Act | BCI Cannot Entertain Appeal Against Order Of State Bar Council's Disciplinary Committee When Probe Is Pending: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that Bar Council Of India cannot entertain appeal from interim order of the State Bar Council's disciplinary committee when the probe is pending and no punishment is imposed. Perusing Section 37 of the Advocate's Act, the Court noted that any person aggrieved by an order of the Disciplinary Committee of …

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC
Trending News
1 month, 3 weeks ago

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that under the Advocates Act, the State Bar Council must have “reason to believe” that an advocate against whom a complaint is made is guilty of professional or other misconduct before issuing notice to him.According to Section 35 of the Advocates Act, where on receipt of a complaint or otherwise. …

Madhya Pradesh High Court Discharges Contempt Proceedings Against State Bar Council After Its Unconditional Apology For 2023 Lawyers' Strike
3 months, 3 weeks ago

Madhya Pradesh High Court Discharges Contempt Proceedings Against State Bar Council After Its Unconditional Apology For 2023 Lawyers' Strike

Live Law  

While deciding a suo-moto PIL, the Jabalpur bench of the Madhya Pradesh High Court discharged the contempt proceedings against the State Bar Council for calling a strike last year. The division bench of Chief Justice Suresh Kumar Kait and Justice Vivek Jain in its November 21 order observed, “In view of unconditional apology offered by the contemnors, we hereby discharge …

Madras HC suggests BCI to frame guidelines for advocates in matrimonial cases
4 months, 1 week ago

Madras HC suggests BCI to frame guidelines for advocates in matrimonial cases

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently suggested the Bar Council of India to frame guidelines for advocates to follow while resolving matrimonial disputes. A bench comprising Justices V Bhavani Subbaroyan and KK Ramakrishnan made the suggestion while dismissing an appeal filed by a woman to set aside an order passed by the Family Court in Madurai …

Brought Disrepute To Legal Profession: Madras High Court Calls For Action Against Lawyer Who Forged Rental Documents
6 months, 3 weeks ago

Brought Disrepute To Legal Profession: Madras High Court Calls For Action Against Lawyer Who Forged Rental Documents

Live Law  

The Madras High Court has called for action against a lawyer who misused his position and forged rental agreements. The court observed that the lawyer was liable to be prosecuted for misconduct under the Advocates Act 1961 and the Bar Council of India Rules 1975. Since no action had been taken on the complaints made to the Bar Council of …

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court
7 months, 3 weeks ago

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court

Live Law  

The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it. It was stated that based on these instructions, the Bar Council …

Supreme Court Dismisses Advocate's Appeal Against Bar Council Rejecting Complaint Against Local Bar Association Members
1 year, 1 month ago

Supreme Court Dismisses Advocate's Appeal Against Bar Council Rejecting Complaint Against Local Bar Association Members

Live Law  

The Supreme Court on Monday declined to interfere in the civil appeal preferred by an advocate who has registered a complaint against the local bar association member for allegedly beating and assaulting him and restraining him to practice at the local court. The alleged incident of violence took place between the appellant-advocate and the respondents-members of the local Bar Association, …

Jharkhand High Court Quashes Disciplinary Proceedings Initiated Against Lawyer On 'Malafide Complaint' By Opposite Party In Litigation
1 year, 2 months ago

Jharkhand High Court Quashes Disciplinary Proceedings Initiated Against Lawyer On 'Malafide Complaint' By Opposite Party In Litigation

Live Law  

Last week, the Jharkhand High Court annulled disciplinary proceedings initiated by the State Bar Council against a lawyer accused of engaging in an "illicit" physical relationship with his client. 3 has got no locus to lodge the complaint before Jharkhand State Bar Council, when there is no professional relationship between the petitioner and the complainant. 3 before the Jharkhand State …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
1 year, 2 months ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Domicile Not A Condition For Enrolment With State Bar Council, Only Bar Council Of Delhi Insisting For It: BCI To Delhi High Court
1 year, 10 months ago

Domicile Not A Condition For Enrolment With State Bar Council, Only Bar Council Of Delhi Insisting For It: BCI To Delhi High Court

Live Law  

The Bar Council of India has told the Delhi High Court that domicile of a law graduate is not a condition for enrolment with a State Bar Council as per law and that no other State Bar Council except Bar Council of Delhi has it as a requirement. “…the Bar Council of India vide email dated 10 May 2023 sent …

Murder Of Lawyer: Rajasthan HC To Consider Issuance Of Guidelines For Protection Of Lawyers, Asks Bar Council Of India To Submit Suggestions
2 years ago

Murder Of Lawyer: Rajasthan HC To Consider Issuance Of Guidelines For Protection Of Lawyers, Asks Bar Council Of India To Submit Suggestions

Live Law  

The Rajasthan High Court on Thursday sought response from Union of India, Rajasthan government, Bar Council of India and Bar Council Of Rajasthan on issuance of guidelines by the court for protection of advocates till appropriate legislation is framed in this regard. The court observed that the Bar Council of India has also submitted a draft bill- “Advocates Bill, 2021” …

Let Final Year Students Take AIBE, Ensure Enrolment Fee Doesn't Become Oppressive : Supreme Court To Bar Council Of India
2 years, 1 month ago

Let Final Year Students Take AIBE, Ensure Enrolment Fee Doesn't Become Oppressive : Supreme Court To Bar Council Of India

Live Law  

Final semester law students, on the production of eligibility proof, should be allowed to take the All-India Bar Examination, although the result would be subject to the student passing all the components of the college examination, a Constitution Bench of the Supreme Court on Friday said, while upholding the power of the Bar Council of India to require law graduates …

Bar Council Of India Must Take Concrete Preventive Steps Against Advocates' Strikes & Boycotts : Supreme Court
2 years, 2 months ago

Bar Council Of India Must Take Concrete Preventive Steps Against Advocates' Strikes & Boycotts : Supreme Court

Live Law  

On Tuesday, the Supreme Court pulled up the Bar Council of India for not coming up with any ‘concrete’ plans for preventing State Bar Associations from going on strikes and abstaining from court work. The Bench made this comment after Advocate Ardhendumauli Kumar Prasad appearing for BCI submitted that deliberations are going on with the State Bar Councils. It also …

"Suspension Won't Do, Need Major Steps" : Supreme Court Asks Bar Council Of India To Act Against Advocates' Strikes
2 years, 3 months ago

"Suspension Won't Do, Need Major Steps" : Supreme Court Asks Bar Council Of India To Act Against Advocates' Strikes

Live Law  

The Supreme Court on Tuesday observed that the Bar Council of India, being a major body, has to come up with propositions to handle situations regarding advocates agitating and going on strikes.A bench comprising of Justices Dinesh Maheshwari and Sudhanshu Dhulia expressed that, "This is a matter which should concern all of us not only on the point of law …

Bar Council Of Kerala Registers Suo Motu Case Against Six Lawyers For Alleged Professional Misconduct
2 years, 4 months ago

Bar Council Of Kerala Registers Suo Motu Case Against Six Lawyers For Alleged Professional Misconduct

Live Law  

A suo motu case alleging professional misconduct has been registered by the Bar Council of Kerala against the lawyers of a Kochi-based law firm.The case has been initiated against Advocates B.A. Aloor, Prasanth K.P., Anuraj S., Krishnenthu Suresh, Vishnu Dileep, and Mohammed Ameer of Aloor Associates on the basis of media reports stating that they "created dramatic scenes" in the …

TN Bar Council Suspends Practice Of Six Lawyers For Various Offences
2 years, 6 months ago

TN Bar Council Suspends Practice Of Six Lawyers For Various Offences

Live Law  

The Bar Council of Tamilnadu and Puducherry recently suspended the practice of six lawyers considering their involvement in various offences. The notification dated 1st September 2022 issued a prohibitory order against the advocates from practicing in any court, tribunals, or any other authorities. It has also been forwarded to all the District courts, Tribunals, Labour courts, Chief Secretary to Government, …

Fake Lawyer Case: Madras HC Directs Bar Council To Verify Advocates' Antecedents Before Permitting Them To Hold Posts In Statutory Committees
2 years, 7 months ago

Fake Lawyer Case: Madras HC Directs Bar Council To Verify Advocates' Antecedents Before Permitting Them To Hold Posts In Statutory Committees

Live Law  

The Madras High Court has directed the Bar Council of Tamil Nadu and Puducherry to verify the antecedents of lawyers before they are permitted to hold significant positions in the statutory committees. It is needless to mention that in case of any Advocate, who is a member of the Bar Council, facing a criminal case, he shall not hold such …

TN Bar Council Bars Advocate Accused In Theft Case From Practice
2 years, 7 months ago

TN Bar Council Bars Advocate Accused In Theft Case From Practice

Live Law  

The Bar Council of Tamil Nadu and Puducherry recently passed a prohibitory order against a lawyer for his alleged involvement in a case of theft. It was alleged that the lawyer, K Balasubramani committed theft and by using an aruval had broken lights and also gave threats to one Mr N Marappan and his family members. Based on the complaint …

Bar Council Of Tamil Nadu and Puducherry Bars Practice of 19 Advocates Pending Disciplinary Proceedings
2 years, 10 months ago

Bar Council Of Tamil Nadu and Puducherry Bars Practice of 19 Advocates Pending Disciplinary Proceedings

Live Law  

The Bar Council Of Tamil Nadu and Puducherry, on 09.05.2022 has passed a prohibitory order against 19 lawyers from practicing as advocates in all Courts, Tribunals and other authorities in India either in their name or under any assumed name. The notification, issued by the Secretary of the Bar Council, was in light of the Disciplinary Proceedings pending against these …

Tehsil Lawyers On Strike For Almost 2 Yrs: Allahabad HC Directs State Bar Council To Take Disciplinary Action
3 years, 1 month ago

Tehsil Lawyers On Strike For Almost 2 Yrs: Allahabad HC Directs State Bar Council To Take Disciplinary Action

Live Law  

The Allahabad High Court on Monday directed the Uttar Pradesh Bar Council to take disciplinary action against striking lawyers at Uttar who continuously abstained from work on every date between February 5, 2020 to January 5, 2022.The Bench of Justice Rohit Ranjan Agarwal issued this extraordinary order after observing that the Apex Court has held the strikes by lawyers to …

Tamil Nadu & Puducherry Bar Council Provisionally Bars Practice Of Advocate Over His Indecent Behavior Before Madras HC
3 years, 3 months ago

Tamil Nadu & Puducherry Bar Council Provisionally Bars Practice Of Advocate Over His Indecent Behavior Before Madras HC

Live Law  

The Bar Council of Tamil Nadu & Puducherry has provisionally barred the practice of an Advocate vide a resolution dated 21st December, till the disposal of Disciplinary proceedings pending against him for his indecent behavior while attending the Court proceedings of the Hon'ble High Court of Madras through the virtual mode.The Council has issued a notification informing that it has. …

Bar Council Of Tamil Nadu & Puducherry Bars Practice Of Two More Lawyers Over Arrest In POCSO Case, Complaint For House Trespass
3 years, 3 months ago

Bar Council Of Tamil Nadu & Puducherry Bars Practice Of Two More Lawyers Over Arrest In POCSO Case, Complaint For House Trespass

Live Law  

The Bar Council of Tamil Nadu & Puducherry has barred the practice of two lawyers vide a resolution dated 18th December, one accused in a POCSO Case, and the other accused of house trespass and giving life threats. The prohibitory order comes days after the Bar Council passed similar orders against two lawyers for professional misconduct and suppressing the factum …

Shahjahanpur Advocate Killing- BCI Directs UP Bar Council To Refrain From Abstaining From Judicial Work On Oct 20
3 years, 5 months ago

Shahjahanpur Advocate Killing- BCI Directs UP Bar Council To Refrain From Abstaining From Judicial Work On Oct 20

Live Law  

The Bar Council Of India addressed a letter to the Bar Council of Uttar Pradesh on Tuesday directing the Uttar Pradesh Bar Council to withdraw its call for abstinence from judicial work by lawyers across the State on October 20 as a mark of protest against the killing of an advocate inside the Shahjahanpur District Complex. "The Uttar Pradesh Bar …

Suo Motu Case On Lawyers' Strikes: No Response From BCI, State Bar Councils; Supreme Court Requests BCI Chairman To Assist Court
3 years, 8 months ago

Suo Motu Case On Lawyers' Strikes: No Response From BCI, State Bar Councils; Supreme Court Requests BCI Chairman To Assist Court

Live Law  

The bench of Justices D. Y. Chandrachud and M.R. Shah on Monday observed that the Office Report indicates that despite the judgment of the Court, no response has been received either from the Bar Council of India or from the State Bar Councils. Direction to BCI and State Bar Council The Court had observed that ispite of the decisions of …

'Bar Council Of India's Notification Prohibiting Its Criticism Akin To UAPA' : Plea In Bombay High Court
3 years, 8 months ago

'Bar Council Of India's Notification Prohibiting Its Criticism Akin To UAPA' : Plea In Bombay High Court

Live Law  

A Mumbai based lawyer has approached the Bombay High Court comparing the Bar Council of India's amended rules prohibiting BCI or a judge's public criticism to "suppressing dissent" under the Unlawful Activities Act. BCI's rules make criticising via print, social or electronic media'a misconduct' andground for disqualification, suspension or removal of membership from the Bar Council under section 35 of …

The bar on criticism that muzzles the advocate
3 years, 8 months ago

The bar on criticism that muzzles the advocate

The Hindu  

On June 25,2021, amendments to the Bar Council of India rules which govern the professional conduct and etiquette of advocates were notified. In response, the Bar Council of India issued a press release on May 30, characterising the criticism as a “sustained and synchronized attack on Supreme Court ” by “disgruntled members of the bar and some unhappy and disappointed …

Madras HC issues notices to Centre, Bar Council on constitution of disciplinary committee
3 years, 8 months ago

Madras HC issues notices to Centre, Bar Council on constitution of disciplinary committee

Hindustan Times  

Chennai: The Madras high court on Monday issued notices to the union government, the Bar Council of India and the Bar Council of Tamil Nadu and Puducherry on a petition challenging the validity of section 9 of The Advocates Act, 1961. Section 9 of the Act pertains to a Bar Council to constitute one or more disciplinary committees. The petition …

"Total Restriction On Lawyers' Free Speech": Plea In Kerala HC Challenges New Bar Council Rules Which Make Criticism Of Its Decisions Ground For Disqualification
3 years, 8 months ago

"Total Restriction On Lawyers' Free Speech": Plea In Kerala HC Challenges New Bar Council Rules Which Make Criticism Of Its Decisions Ground For Disqualification

Live Law  

A petition has been filed before the Kerala High Court by Advocate Rajesh Vijayan, a member of the Kerala Bar Council seeking a declaration that the recently inserted Sections V and V-A of Chapter II of Part VI of the Bar Council of India Rules are unconstitutional and violative of Articles 14, 19, and 21.The Bar Council of India had …

Breaking- Criticizing Bar Council Decisions Amounts To Misconduct: BCI Amends Rules 'To Improve Standards Of Professional Conduct & Etiquette For Advocates'
3 years, 9 months ago

Breaking- Criticizing Bar Council Decisions Amounts To Misconduct: BCI Amends Rules 'To Improve Standards Of Professional Conduct & Etiquette For Advocates'

Live Law  

The Bar Council of India has amended rules to make 'criticism' and 'attack' of Bar Council decisions by members a misconduct and ground for disqualification or suspension or removal of membership of a member from the Bar Council.The Amended Rules, which have been notified in the Gazette on Friday, says that an Advocate shall conduct himself/herself as a gentleman/gentle lady. …

Bar Associations Should Desist From Taking Such Reckless & Irresponsible Decisions: BCI On P&H Bar Council's Resolution Seeking Transfer Of Chief Justice
3 years, 10 months ago

Bar Associations Should Desist From Taking Such Reckless & Irresponsible Decisions: BCI On P&H Bar Council's Resolution Seeking Transfer Of Chief Justice

Live Law  

The Bar Council of India has ratified the decision taken by its sub-committee against resolutions passed by the Punjab and Haryana High Court Bar Association seeking transfer of Chief Justice Ravi Shanker Jha. Background In February 20201, the Punjab and Haryana High Court Bar Association had passed a resolution seeking transfer of Chief Justice Ravi Shanker Jha, citing continuous closure …

"Demand Not Justified, Such Politics Shouldn't Be Allowed In Any Bar Association": BCI On P&H HCBA Resolution Against CJ Ravi Shanker Jha
3 years, 10 months ago

"Demand Not Justified, Such Politics Shouldn't Be Allowed In Any Bar Association": BCI On P&H HCBA Resolution Against CJ Ravi Shanker Jha

Live Law  

Dealing with a matter in connection with the Punjab and Haryana High Court Bar Association's resolution seeking transfer of Chief Justice Ravi Shanker Jha, the Bar Council Of India has observed that,"Neither the Bar Council of India nor the State Bar Council can support any resolution of any Bar Association giving call for the boycott of the Court of Chief …

State Bar Council Should Act Against Bar Associations Passing Resolutions To Not Defend An Accused : Karnataka High Court
3 years, 11 months ago

State Bar Council Should Act Against Bar Associations Passing Resolutions To Not Defend An Accused : Karnataka High Court

Live Law  

The Karnataka High Court has observed that the State Bar Council should take swift action against Bar Associations which pass resolutions calling upon its members to not defend a particular accused.A division bench comprising Chief Justice Abhay S Oka and Suraj Govindaraj referred to the Supreme Court decision in A S Mohamed Rafi vs State of Tamil Nadu which had …

Law Graduate's Application For Enrolment Pending With Bar Council Of Gujarat For Over A Year: High Court Issues Notice
4 years, 3 months ago

Law Graduate's Application For Enrolment Pending With Bar Council Of Gujarat For Over A Year: High Court Issues Notice

Live Law  

The Gujarat High Court on Tuesday issued notice on a petition filed by a law graduate, whose application for enrolment with the Bar Council of Gujarat has been kept pending for over a year, thereby depriving her from the opportunity of appearing in the All India Bar Examination. The petition has been filed by one Shivi Ravi Agrawal, stating that …

Bar Council Of India Misusing Its Dominant Position: Plea in CCI Against Maximum Age Limit For LLB Course
4 years, 3 months ago

Bar Council Of India Misusing Its Dominant Position: Plea in CCI Against Maximum Age Limit For LLB Course

Live Law  

"The Bar Council of India, misusing its dominant position in controlling the legal education in India, through Clause No. 28 of the Rules of Legal Education, 2008 is creating indirect entry barriers to the new entrants into the profession of legal service by imposing maximum age restrictions to enter into the legal education," a complaint filed before the Competition Commission …

Madras High Court Directs Chennai Police Commissioner To Investigate Cases Against Ex-Judge Karnan; DGP To Supervise
4 years, 4 months ago

Madras High Court Directs Chennai Police Commissioner To Investigate Cases Against Ex-Judge Karnan; DGP To Supervise

Live Law  

"The Bar Council of Tamil Nadu and Puducherry has rightly taken up the cause as the repeated utterances by the 1st accused, viz., Mr. C.S. Karnan, would undermine the dignity, reputation, honour and majesty of the Institution, for which the lawyers also form part," the Madras High Court observed on Monday while directing Police authorities to investigate uncharitable tirades of …

Bar Council Cannot Suspend Licence To Practice While Referring Complaint Against Lawyer To Disciplinary Committee: Punjab & Haryana HC
4 years, 4 months ago

Bar Council Cannot Suspend Licence To Practice While Referring Complaint Against Lawyer To Disciplinary Committee: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has quashed a resolution passed by Bar Council of Punjab and Haryana suspending the licence of practice of a lawyer who allegedly posted derogatory comments in Facebook about the judiciary and lawyers.The Court held that the the provisions of the Advocates Act and the BCI Rules do not bestow power on the State Bar …

Standing Counsel Appears For Private Parties Against Govt: Calcutta HC Seeks Reply From Bar Council Of India, State Bar Council [Read Order]
4 years, 6 months ago

Standing Counsel Appears For Private Parties Against Govt: Calcutta HC Seeks Reply From Bar Council Of India, State Bar Council [Read Order]

Live Law  

The Calcutta High Court on Monday issued notices on a writ petition, seeking cancellation of registration of a Standing Counsel for the Central Government, allegedly for appearing for private parties in cases against the Union of India. The Bench of Justice Bibek Chadhuri has asked the Central Government, Bar Council of India, Bar Council of West Bengal, Standing Counsel Sayantan …

SC Dismisses Plea Seeking Uniform Welfare Scheme for Lawyers In Distress Due To Lockdown [Read Order]
4 years, 10 months ago

SC Dismisses Plea Seeking Uniform Welfare Scheme for Lawyers In Distress Due To Lockdown [Read Order]

Live Law  

The Supreme Court dismissed a petition which had been filed seeking for directions to the Government as well as the State Bar Councils to formulate a welfare scheme for lawyers who had been affected by the national lockdown imposed in wake of the COVID-19 pandemic. Filed by Advocate Abhinav Ramkrishna, the plea averred that the government was a mute spectator …

Bar Council Of West Bengal Resolves To Provide Financial Assistance To Distressed Lawyers [Read Order]
4 years, 11 months ago

Bar Council Of West Bengal Resolves To Provide Financial Assistance To Distressed Lawyers [Read Order]

Live Law  

The Bar Council of West Bengal has decided to provide financial assistance to needy lawyers who have been adversely affected due to suspension of court work amid the lockdown. During the hearing, a division bench of Chief Justice Thottathil B Radhakrishnan and Justice Arjit Banerjee perused the affidavit-in-opposition filed by the Bar Council and observed that it had resolved to …

Madras HC To Suo Motu Test Constitutional Validity Of Section 36B Of The Advocates Act [Read Order]
5 years ago

Madras HC To Suo Motu Test Constitutional Validity Of Section 36B Of The Advocates Act [Read Order]

Live Law  

The Madras High Court has decided to suo moto consider the vires of Section 36B of the Advocates Act, 1961, inasmuch as it stipulates that in case a Disciplinary inquiry against an Advocate is not completed by the State Bar Council within stipulate time, the same shall stand transferred to the Bar Council of India. "In the opinion of this …

Advocates' Strikes Illegal, Amounts To Misconduct, Contempt of Court: Uttarakhand HC [Read Judgment]
5 years, 6 months ago

Advocates' Strikes Illegal, Amounts To Misconduct, Contempt of Court: Uttarakhand HC [Read Judgment]

Live Law  

Lawyers' Strike Amount To Contempt Responsibility of High Court Responsibilities of Bar Councils The general superintendence, of the ethics and etiquette of the members of the profession, is the responsibility of the State Bar Council created under the 1961 Act, and a statutory duty is imposed on it to ensure that the rules laid down by the Bar Council of …

Bar Council Of Delhi Welcomes SC Judgment Upholding Bar's Autonomy To Discipline Advocates
6 years, 1 month ago

Bar Council Of Delhi Welcomes SC Judgment Upholding Bar's Autonomy To Discipline Advocates

Live Law  

The Bar Council of Delhi on Thursday welcomed the Supreme Court judgment upholding the Bar's autonomy to discipline advocates as it quashed the disciplinary rules for advocates framed by the Madras High Court in the year 2016.The Bar Council of Delhi released a statement welcoming the January 28 decision of the Supreme Court in case titled R Muthukrishnan v The …

The Selective Battles Of Bar Council Of India-II
6 years, 8 months ago

The Selective Battles Of Bar Council Of India-II

Live Law  

The BCI ought to do more ground check before making tall claims for 99.9%, because most discerning members of the bar do not wish to be counted in that 99.9%.The Bar Council of India seems like a sleeping leviathan which springs into action only to wage its “selective battles”. The press release by the BCI criticised Justice Chelameswar for certain …

Disciplinary Action Against Lawyers By Bar Council: SC Refuses To Interfere With Karnataka HC Order Dismissing Plea
6 years, 11 months ago

Disciplinary Action Against Lawyers By Bar Council: SC Refuses To Interfere With Karnataka HC Order Dismissing Plea

Live Law  

“Why did you file a PIL,” inquired Chief Justice Dipak Misra on Friday, as an SLP preferred against a January 8 order of the Karnataka High Court dismissing a writ petition seeking the writ of certiorari and the quashing of three notifications issued by the Karnataka State Bar Council taking disciplinary action against five advocates came up for hearing.By the …

Disciplinary Action Against Lawyers By Bar Council: SC Refuses To Interfere With Karnataka HC Order Dismissing Plea
6 years, 11 months ago

Disciplinary Action Against Lawyers By Bar Council: SC Refuses To Interfere With Karnataka HC Order Dismissing Plea

Live Law  

“Why did you file a PIL,” inquired Chief Justice Dipak Misra on Friday, as an SLP preferred against a January 8 order of the Karnataka High Court dismissing a writ petition seeking the writ of certiorari and the quashing of three notifications issued by the Karnataka State Bar Council taking disciplinary action against five advocates came up for hearing.By the …

Bar Council Elections: Post Madras HC Judgment, BCI Issues Guidelines For Returning Officers
7 years, 1 month ago

Bar Council Elections: Post Madras HC Judgment, BCI Issues Guidelines For Returning Officers

Live Law  

The Bar Council of India, on Thursday, issued guidelines for Returning Officers, in wake of the recent order passed by Madras High Court, wherein the Court had issued a slew of directions aimed at ensuring free and fair conduct of elections to the Bar Council of Tamil Nadu and Puducherry.In an order issued on 16 February, the High Court had …

No Disciplinary Proceedings Can Be Initiated Against Lawyers For Their Acts Unrelated To Professional Conduct: SC [Read Judgment
7 years, 3 months ago

No Disciplinary Proceedings Can Be Initiated Against Lawyers For Their Acts Unrelated To Professional Conduct: SC [Read Judgment

Live Law  

The Supreme Court, setting aside disciplinary actions taken against a lawyer by Bar Council of India, has observed that initiation of disciplinary proceedings against a lawyer for his acts which has nothing to do with the professional conduct, is improper and without jurisdiction.The Bar Council of India had upheld the order of Chhattisgarh Bar Council which had held advocate Kaushal. …

No Disciplinary Proceedings Can Be Initiated Against Lawyers For Their Acts Unrelated To Professional Conduct: SC [Read Judgment
7 years, 3 months ago

No Disciplinary Proceedings Can Be Initiated Against Lawyers For Their Acts Unrelated To Professional Conduct: SC [Read Judgment

Live Law  

The Supreme Court, setting aside disciplinary actions taken against a lawyer by Bar Council of India, has observed that initiation of disciplinary proceedings against a lawyer for his acts which has nothing to do with the professional conduct, is improper and without jurisdiction.The Bar Council of India had upheld the order of Chhattisgarh Bar Council which had held advocate Kaushal. …

Cleaning up Of Legal Profession And Education: Madras HC’s 25 Questions To Bar Council And Others
7 years, 5 months ago

Cleaning up Of Legal Profession And Education: Madras HC’s 25 Questions To Bar Council And Others

Live Law  

Justice N Kirubakaran of the Madras High Court made some scathing observations against the unsavoury system in place in India where getting a law degree from “letter pad colleges” is a common practice and asked BCI on what basis it has increased number of law colleges in India which stood at 800 against the needed 175 colleges in 2010.The court …

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