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M. NAGAPRASANNA
K. B. Naik, S/o. Sri Naik Bhimappa – Appellant
Versus
Bar Council of India, Rep. by Its Secretary – Respondent
ORDER :
The petitioner is before this Court calling in question order dated 26-09-2022 passed by the Bar Council of India in Revision Petition No.45 of 2022 directing suspension of the petitioner from practicing law in any Court in the country during the pendency of the revision petition.
2. Heard Sri P.P. Hegde, learned senior counsel appearing for the petitioner; Sri Shridhar Prabhu, learned counsel appearing for respondent No.1; Sri A.R. Goutham, learned counsel appearing for respondent No.2 and Sri Kethan Kumar, learned counsel appearing for respondent No.3.
3. Shorn of unnecessary details, the facts in brief, are as follows:-
The petitioner is an Advocate enrolled with the Bar Council of Karnataka and claims to have put in 28 years of practice. He further claims that he was a former Chairman of Karnataka State Bar Council and is a sitting Member of the said Council. One Sri Basavaraju Murugesh Jarali another practicing Advocate registers a complaint before the Karnataka State Bar Council alleging certain acts of misconduct said to have been committed by the petitioner making reference to certain legal proceedings. The legal proceedings were concerning O.S.No.14 of 2008 and Regular
Point of Law : It is one of the fundamental rules of our constitutional set-up that every citizen is protected against exercise of arbitrary authority by the State or its officers. Duty to act judici....
The main legal point established in the judgment is the application of statutory immunity under Section 48 of the Advocates Act and the doctrine of merger, which resulted in the plaintiff's lack of c....
The Bar Council lacks the authority to impose interim suspension on an Advocate pending disciplinary proceedings, as per the Advocates Act, 1961, which mandates adherence to due process and principle....
The court established that the principles of natural justice must be adhered to in disciplinary proceedings against advocates, ensuring that they are given a fair opportunity to defend themselves bef....
Rule 7 of the Bar Council, prohibiting former judicial officers from practicing for two years in prior jurisdiction, is a reasonable restriction in public interest under Article 19(1)(g) of the Const....
The right to practice law as an advocate is a statutory privilege contingent upon meeting specific legal qualifications, not an absolute fundamental right.
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