35. The terms misconduct and professional misconduct are not defined In Section 35 or any other provisions of the Advocate Act, 1961. Anything done by an advocate in pursues of his profession, which is disgraceful to the repute that such profession carries is professional misconduct. Punishment of advocates for misconduct. Punishment of advocates for misconduct. Section 17 It provides that the State Bar Council, on the receipt of the complaint, shall refer the case for disposal to its disciplinary committee for inquiry. The authority to punishment for professional misconduct - Section 35 of the Advocate Act provides that on receipt of a complaint or otherwise if 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. section 38 the expression "Advocate-General" and - (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. Section 33 : Advocates alone entitled to practice. In order to attract the application of section 35 of the advocates act the misconduct need not be professional misconduct alone. a. Section 35 (1) of the Advocates Act, 1961 provides for referring any complaint to disciplinary committee for disposal. An Advocate who is found guilty of contempt of Court may also, as already noticed, be guilty of professional misconduct in a given case but it is for the Bar Council of the State or Bar Council of India to punish that Advocate by either debarring him from practice or SUSPENDING his licence, as may… Council shall fix a date for the hearing of the case Section 35 Punishment of Advocates For Misconduct. Section 30 : Right of advocates to practice. Punishment of advocates for misconduct. (2) The disciplinary committee of a State Bar (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. 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. a State Bar Council has reason to believe that any advocate on its roll has been guilty of professional section15 of the advocatesact, 1961provides to make rules for election of members of the bar council and section35of the actprovides punishmentof advocatesfor misconduct. persons entitled to practice law, Section 30 : Right of advocates to practice, Section 31 - Special Power of Attorney (Repealed), Section 32 : Power of court to permit appearances in An advocate who contravenes these Rules can be prosecuted under Section 35 of The Advocates Act, 1961. SECTION 35: PUNISHMENT OF ADVOCATES FOR MISCONDUCT. Punishment of Advocates for misconduct 35. Advocate-General under sub-section (2) the Advocate Section 35 : Punishment of advocates for misconduct were initiated at the instance of the State Bar The facts of the case involved an advocate (appearing as a litigant in the capacity of the 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. Council, direct that the proceedings be filed. a notice thereof to be given to the advocate Punishment For Professional Misconduct As per section 35 of the Advocate Act,1961 if a person is found guilty of professional misconduct then the case will be referred to a disciplinary committee, then they fix a date of hearing and issue a notice to the Advocate. : State Bar Councils to maintain roll of advocates, Section 18 to the Union territory of Delhi, mean the Additional • In case of contempt of court there is no fixed procedure for initiation or punishment of the accused/guilty and whereas proceedings in case of professional misconduct are to be carried out as per the Advocates Act 1966 which lays down a detailed procedure for the same. (1A) The State Bar Council may, either of its own Punishment of advocates for misconduct: 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. 9. committee of the State Bar Council either in person Section 35 of the Advocates Act, however, refers to imposition of punishment for professional or other misconduct. A member of the legal profession which is a noble one is expected to maintain a standard in a dignified and determined manner. the period of suspension, be debarred from 107 of 1976 2. Misconduct in a basic sense means unacceptable or improper behaviour, especially by an employee or professional person. c. Suspend the advocate from practice for such 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 … or other misconduct, it shall refer the case for interested, withdraw a proceeding pending before its [(1-A) The State Bar Council may, either… Section 35 of the Act, prescribes punishment for misconduct. 1A. Supreme Court advocates, Section 21 : Disputes regarding seniority, Section 24 : Persons who may be admitted as advocates on a Punishment of advocates for misconduct. (4) Where an advocate is suspended from practice (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to … - General may appear before the disciplinary practicing in any court or before any authority or : State Bar Councils to send copies of rolls of advocates to Advocate - General an opportunity of being heard, made by any other disciplinary committee of that 35. (adsbygoogle = window.adsbygoogle || []).push({}); 35. Omitted by Act No. What is the Punishment of advocates for misconduct? Initiation and Procedure. Sector -35. Section 35 of Advocates Act, 1961 Section 35 : 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 of … The expression 'professional or other misconduct' are mentioned in section 10 of Bar councils Act,1926. 1. 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 of its disciplinary committee. 1[(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee mid direct the inquiry to be made by any other disciplinary committee of that State Bar Council;] (2) The disciplinary committee of a State Council, shall fix a date for the hearing of the case and shall cause a notice thereof to be given to the advocate concerned and to the Advocate General of the State. d. Remove the name of the advocate from the State Chapter -V of the Advocates Act of 1961 deals with conduct of Advocates it describes provision relating to punishment for professional and other misconducts. [Explanation - In this section, section 37 and Section 31 - Special Power of Attorney (Repealed) Section 32 : Power of court to permit appearances in particular cases. (adsbygoogle = window.adsbygoogle || []).push({}); (5) Where any notice is issued to the