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S. M. SUBRAMANIAM, C. KUMARAPPAN
D. Padmanabhan – Appellant
Versus
Chairman, Bar Council of India, 21, Rouse Avenue, Institutional Area, Near Bal Bhawan, New Delhi – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the first respondent to incorporate necessary provision in Form-A (Application for issuance of Certificate of Practice) framed under Rule 8.3 to the Bar Council of India Certificate and Place of Practice (Verification) Rules, 2015 by seeking details of advocates governed under Rule 48 of Part VI, Chapter II, Section VII of the Bar Council of India Rules and consequently directing the second respondent to proceed with the issuance of Certificate of Practice only after necessary provisions are incorporated in Form - A.
The writ of mandamus has been instituted to direct the first respondent to incorporate necessary provision in Form-A (Application for issuance of Certificate of Practice) and consequently direct the second respondent to proceed with the issuance of Certificate of Practice only after incorporating necessary provisions in Form - A.
2. Mr.N.Vanaraj, the learned Counsel appearing on behalf of the petitioner would contend that the Bar Council of India Rules (Part-VI) Rule 48 would indicate that “an Advocate may be Director or Chairman of
The court emphasized the importance of producing the cancellation of the Nursing Certificate Registration for consideration of the application for enrolment as an Advocate.
The Bar Council is mandated to investigate complaints against advocates and enforce prohibitory orders to maintain the integrity of the legal profession.
Full disclosure of criminal involvement is essential for enrollment as an Advocate, and failure to disclose such information can lead to dismissal of the application.
The obligation to issue experience/character certificate lies with the Bar Council/Bar Association of the State/High Court where the lawyer is practicing, and the court has no mechanism to verify per....
The eligibility for enrollment as an advocate under the Advocates Act is contingent upon compliance with specific disqualifications, particularly concerning concurrent employment in government servic....
The demand for court orders by the State Govt. from selected candidates for the posts of ADAs and DDAs was not sustainable in law, arbitrary, and unjustified.
The court affirmed that pending criminal cases can disqualify candidates from enrollment as advocates, emphasizing the need for integrity in the legal profession.
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