(2) The notices may be sent ordinarily through messenger or by registered post acknowledgement due and served on the advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code. You are required by the Rules to furnish to the said A.B. An application by a person interested in the withdrawal of a proceeding shall sign the same. The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. Please note that notice of the hearing sent to the Advocate will be sufficient notice to the party even if a copy of the notice is sent to any of the parties. days from the date of this notice. 5. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in court dress. But it is equally true that even before Magna Carta, 'Basant Mantapam' of Lord Basaveshwara came into existence in India in the 12th century itself. (a)  the complaint, statement in the defence of the advocate, (b)  five additional copies of the application, affidavit and the order, and The order of the Disciplinary Committee of the Bar Council of ºººººººººº was received/communicated to the applicant on ºººººººººº. (Under Rule 35 (2) Chapter I, Part VII), Before the disciplinary Committee of the bar Council of ººººººººººººººººººOriginal Jurisdiction (To be added in matter before the Bar Council of India) Complaint/Case No ººººººººº….. ºººººººººº, (On a complaint made by Shri ………………………………………………………………(address), ………………………………………………                             Complainant(s) (3) Excepting when the Committee has otherwise directed, service on the advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served. On Sunday, December 20, the President of Nepal Bidya Devi Bhandari has approved the recommendation of the Council of Ministers under Article 76 (1) and (7) and Article 85 of the constitution of Nepal and dissolved the Parliament. Complaint and Enquiry under Section 35, 36 and 36B of the Act Punishment of advocates for misconduct.―(1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. Accordingly, they are expected to adhere to the highest standards of probity and honor. New Delhi Therefore, even conduct unconnected with the profession may account to a misconduct as for example, conviction for a crime, though the crime was not commited in the professional capacity. Hence it is not a dispute between two persons for some benefit or penalty. Signature of …………….. (3) The exhibits shall be marked as follows :-. (a)  a certified copy of the Order complained of, Notice to a party not appearing by the advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal. (1) The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for purposes of Section 36B of the Act and send all the records of proceedings that stand transferred under the said Section. ºººººººº/- ººººººº (in words) being the cost incurred in the Bar Council of……………………………..within months from the date of this Order. There’s an underground base in the depths of Mars, where their representatives are, and also our American astronauts. (1) After a complaint has been referred to a Disciplinary Committee by the Bar Council, the Registrar shall expeditiously send a notice to the advocate concerned requiring him to show cause within a specified date on the complaint made against him and to submit the statement of defence, documents and affidavits in support of such defence and further informing him that in case of his non-appearance on the date of hearing fixed, the matter shall be heard and determined in his absence. (i) If there is only one respondent, five additional copies of the memorandum of appeal and of the order appealed against. [Rev. The order of the Disciplinary Committee will come into operation w.e.f. The complainant is in fact serving the interests of profession by pointing out wrongdoers. The appellant appears by Advocate Shri……………………Roll No …………………..  enrolled in the Bar Council of ……………………………………..The Address for the service of Appellant is ……………………………………..that of his advocate …………………………………….. (b) Respondent (s) (I)……………………………………………….. Witness Shri ºººººººº Chairman of the Disciplinary Committee of the Bar Council of ºººººººº at ºººººººº this the ºººººººº day of ºººººººº…. It may be noted that under the Advocates Act, the concerned State Bar Council can take disciplinary action against any advocate who is found to be guilty of professional or other misconduct. If an act creates disrespect to his profession and makes him unworthy of being in the profession, it amounts to professional misconduct. In other word an act which disqualifies an advocate to continue in legal profession. (1) Every Disciplinary Committee shall make a record of its day to day proceedings. 20. Reports by Tribunal and action thereon. (2) Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such period. In law profession misconduct means an act done willfully with a wrong intention by the people engaged in the profession. (Subject to necessary modifications), Before the Disciplinary committee (ºº) of the Bar Council of India, D.C. Appeal ºººººº No. In view of the pendency of these proceedings for a long time and its automatic transfer to the Bar Council of India under Section 36B of the Advocates Act, the hearing will be peremptory and no adjournment may be granted. 1. (c)  any other part of the record as may be directed by the Committee. shall be in accordance with the rules under Section 49 (h) of the Act. Where the inquiry is against more than one advocate, on the death of 1 of them, the Disciplinary Committee may continue the inquiry against the other advocate unless it decides otherwise. The Chairman of the Disciplinary Committee shall fix the date, hour and place of the enquiry which shall not ordinarily be later than thirty days from the receipt of the reference. In case the order of punishment has been passed by the Disciplinary Committee of the State Bar Council, an Appeal may be preferred to the Bar Council of India under Section. 60. The outcry of the counsel amounts to contempt of court and also needs a reference to the Bar Council of Tamil Nadu and Puducherry for taking disciplinary proceedings against her, … (c)  if there are more respondents than one, as many additional true copies as may be necessary. T he Bar Council of Delhi (BCD) on whose rolls advocate Prashant Bhushan is enrolled, has issued notice to him asking him show-cause why disciplinary proceedings under the Advocates Act, 1961 should not be initiated against him for having been found guilty of contempt of court by the apex court. Tr. If proved, his complaint  will help the  Bar  Council  to remove  the wrongful  elements and  clean  the profession. Explanation : Appearance includes, unless otherwise directed, appearance by an advocate or through duly authorised representative. The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an advocate to appear as Amicus Curiae. They signed a contract with us to do experiments here. Advocates (Disciplinary and Other Proceedings) Rules, proceed in your absence. 6. But the before Bar Council, person complaining is not seeking any remedy for himself, but trying to point out misconduct and asking the professional body to establish and protect the standards in the profession. The Bar Council of India or any of its committee, other than its disciplinary committee, may on its own motion or otherwise, review any order, within 60 days of that order, passed by it under the Advocates Act. Registrar, DISCIPLINARY PROCEEDINGS, COMPLAINTS, REVISIONS, REVIEWS etc, (Rules under Section 49 (1) (f) of the Act). In case dignity of Judiciary is not being maintained then where this institution will stand. 3. The Respondent may submit his statement of defence together with any documents or affidavits in support of his defence within………. (b) the evidence oral and documentary and such other papers on which parties intend to rely. (B.C.I. The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars, as it considers necessary. The disciplinary committee of the State Bar Council, after being heard of both the parties, may: Dismiss the complaint, or where the proceedings were initiated at the instance of the State Bar Council, directs that proceedings be filed; Reprimand the advocate; Suspend the advocate … "It is a well-accepted principle that a body created by a statute must conform to the provisions of the regulating statute.In the present case, the power of taking any punitive action against an Advocate for misconduct vests under Section 35 of the 1961 Act only withhe disciplinary committee of the State Bar Council (respondent). Case No. 7. The evidence so recorded shall be signed by the Chairman or by any other member of the committee if the Chairman is not there. In the matter of Shri ºººººººº Advocate ººº.ººººººº, Appellant(s) He shall, however, be permitted to make short notes in pencil. If the papers filed in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time. A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama. It can also be sent by registered post, so as to reach the Secretary, Bar Council of India. I wanted to offer readers a sense of what it’s like to be the president of the United States; I wanted to pull the curtain back a bit and remind people that, for all its power and pomp, the presidency is still just a job and our federal government is a human enterprise like any other, and the men and women who work in the White House experience the same daily mix of satisfaction, disappointment, office friction, screw-ups, and small triumphs as the rest of their fellow citizens. (1) The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees in such manner as may be specified from time to time. ºººººº ºººººº on ºººººº. Provided that no order of the disciplinary committee of the State Bar Council shall be varied by the disciplinary committee of the Bar Council of India so as to prejudicially affect the person aggrieved without giving him reasonable opportunity of being heard. Registrar, But this act was not only the question of insulting of a Judge of this institution but it is a matter of institution as a whole. "4. A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama. The appellant has paid Rs. (2) As soon as possible after the order is made by the Disciplinary Committee, in respect of every order where costs are awarded to any of the parties, a decretal order shall be drawn up as in Form J- 1/J-2 at the end of this Chapter signed by the Secretary of the State Bar Council or the Council as the case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council or the Council as the case may be. ), ………………………………………………………………..Complainant (s), Notice under Section 36B read with Section 35 and 36 (2) of the Advocates Act and the Rules made thereunder. The appellant has made no application to the Disciplinary Committee of the State Bar Council of ººººº The appellant has made an application before the Disciplinary Committee of the State Bar Council of ººººº on ºººººººººº  which has made an order for stay upto ºººººººººº/ which has dismissed the application for stay. Unless otherwise indicated, where more than one Advocate appears for the same party, it is sufficient to serve the notice on any of them. In Re: Vinay Chandra Mishra AIR 1995 SC 2348; In this case a senior advocate in on being asked a question in the court started to shout at the judge and said that no question could have been put to him. 30. Written either to the complaint advocate in bar council india decides the disciplinary proceedings. It has to be duly signed and verified as required under the Code of Civil Procedure. (Name & address) The evidence so recorded shall be signed by the Chairman or if the Chairman is not there when the evidence is recorded by any member of the Committee. As officers of the Court as well as agents of the client, advocates have the dual responsibility of upholding the interests of the client fearlessly while helping in dispensation of justice as officers of the court. (2) The date of receipt of the complaint or the date of the initiation of the proceedings at the instance of the State Bar Council shall be the date on which the State Bar Council refers the case for disposal to its Disciplinary Committee under Section 35 (1) . Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such a period. By Order, Form — E – 2 The appeal above mentioned being called on for hearing before the Disciplinary Committee of the Bar Council of India on ººººººº day of ººººººº ººº, upon hearing Advocate for the appellant (the appellant in person) and Counsel for the Respondent (the Respondent in person)/respondent not appearing either in person or through Advocate though served. ººººº dated ººººº, The parties to the appeal will please take notice that the hearing of the above appeal before the said Committee has been fixed for ººººº the ºººººº at ºººººº (Place) ººººººº at ººººººº. In the present case, the power of taking any punitive action against an Advocate for misconduct vests under Section 35 of the 1961 Act only with the disciplinary … The Attorney General of India, If, on any date of hearing any party is absent, the hearing will proceed ex-parte against him. This nobleman Manu, desiring the good of all men, and being also opportuned by King Mahasammata, rose into the expanse of heaven, and having arrived at the boundary wall of the world, he there saw (this lawbook written in) letters of the size of a full-grown cow ; he committed them to memory and, having returned, com­municated the same to King Mahasammata A Promised Land by Barack Obama - I wanted to offer readers a sense of what it’s like to be the president of the United States; I wanted to pull the curtain back a bit and remind people that, for all its power and pomp, the presidency is still just a job and our federal government is a human enterprise like any other, and the men and women who work in the White House experience the same daily mix of satisfaction, disappointment, office friction, screw-ups, and small triumphs as the rest of their fellow citizens. The Council may from time to time issue instructions on any of the matter provided for in these rules. The appeal is filed after the period of limitation and application for condonation of delay supported by an affidavit is filed herewith. (1) All orders where costs are awarded in disciplinary proceedings shall specify the amount of costs awarded and also state the party against whom the order is made and the time within the amount is payable. E.   Rules applicable to all proceedings before the Disciplinary Committee of the State Bar Councils and the Bar Council of India. ………………………… of the Disciplinary Committee of the Bar Council of ……………………………………………. The Registrar has to give notice of the date, hour and place to the complainant or other person aggrieved, the advocate concerned, and the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be. 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