Back
PUSHPENDRA SINGH BHATI
Mahesh Sharma – Appellant
Versus
Bar Council of India – Respondent
| Table of Content |
|---|
| 1. conduct unbecoming of member of bar council (Para 2) |
| 2. petitioner's apology and desire for participation (Para 3) |
| 3. need for responsible behavior by bar council members (Para 4) |
| 4. advisory duty toward young lawyers (Para 5 , 6 , 7) |
| 5. observance of professional ethics in legal practice (Para 9 , 10) |
| 6. obligations of lawyers to maintain dignity and reputations (Para 11 , 12) |
| 7. court permits petitioner's participation while ensuring compliance (Para 13 , 14 , 15 , 16) |
ORDER :
(Pushpendra Singh Bhati, J.)
The matter comes up on second stay petition.
2. At the outset, Mr. Anand Purohit, learned Senior Counsel assisted by Mr. Kapil Purohit appearing on behalf of the respondent-Bar Council of India submits that a very irresponsible statement, with derogatory language and remarks, was made by the petitioner, even when he is holding the responsible position of a Member of the Bar Council of Rajasthan.
2.1 Learned Senior Counsel further submits that the conduct, in question, of the petitioner is apparently unbecoming of a lawyer as well as that of a Member of Bar Council of Rajasthan and sends wrong message to the younger members of law fraternity.
2.2 He submits that the Ba
Professional misconduct by Advocate – Disposal of a complaint received by State Bar Council under Section 35 within a period of one year from date of receipt of such complaint is mandatory.
The Bar Council can initiate suo motu disciplinary proceedings against advocates for misconduct, and the procedural requirements under Section 35 of the Advocates Act are not overly restrictive.
The impugned rule restricting enrolment of advocates engaging in other professions is a reasonable restriction under the Advocates Act and Articles 19(1)(g), 14, and 21 of the Constitution, ensuring ....
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 legal profession must maintain its integrity and cannot be commercialized; advertising and solicitation of legal services are strictly prohibited.
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....
An external member of an Internal Complaints Committee does not constitute a client-advocate relationship; therefore, allegations of professional misconduct under the Advocates Act are unfounded.
Only parties with a direct legal relationship with an advocate can file complaints of professional misconduct against them under Section 35 of the Advocates Act, 1961.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
