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PUSHPENDRA SINGH BHATI
Mahesh Sharma – Appellant
Versus
Bar Council of India – Respondent
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 Bar Council of India deprecates such practice, and thus, a serious and stern action is warranted against such lawyers, and unless it is done, it will be very difficult to train the young lawyers, while imposing among them, the discipline, which is one of the pre-requisites for this noble profession, and also for them to maintain the professional ethics, which are the requirements of the day.
2.3 Mr. Anand Purohit, being a very Senior Practising Counsel, also expressed his extreme anxie
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.
Point of Law : Practice and Procedure - Misconduct - Court will not be prompted to act as a result of an easy irritability. Much rather, it shall take a noetic look at conspectus of features and be g....
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