Back
S. M. SUBRAMANIAM, C. KUMARAPPAN
Shakkubai – Appellant
Versus
Secretary, The Bar Council of Tamil Nadu & Puducherry – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a writ of Certiorarified Mandamus, calling for the records relating to the order dated 25.01.2023 passed by the 2nd respondent disciplinary committee in DCC No.174 of 2022, thereby dismissing the complaint of the petitioner dated 27.01.2022, quash the same and consequentially issue direction to the respondents 1 & 2 to take disciplinary action against the 3rd respondent in accordance with law.
Mr.C.K.Chandrasekaran, learned counsel appearing on behalf of the Bar Council of Tamil Nadu would submit that the Disciplinary Committee dismissed the complaint in DCC.No.174 of 2022 on 25.01.2023. Since the Disciplinary Committee dismissed the complaint, the petitioner is at liberty to prefer an appeal under Section 37 of The Advocates Act before the Bar Council of India. Exhausting the appeal remedy contemplated under the Act is of paramount importance. After exhausting the appeal remedy, the person has to approach the Hon'ble Supreme Court of India. This being the distinct scheme contemplated under the Advocates Act, the petitioner is at liberty to approach the Appellate Author
The necessity to exhaust statutory appeal remedies under the Advocates Act before seeking judicial review is a fundamental principle in legal proceedings concerning disciplinary actions.
The necessity to exhaust statutory appellate remedies before seeking judicial review in disciplinary matters under the Advocates Act, 1961.
The transfer of a disciplinary complaint to the Bar Council of India under Section 36B of The Advocates Act allows the complainant to pursue their case in the appropriate legal forum.
The transfer of a complaint to the Bar Council of India under Section 36B of the Advocates Act establishes the appropriate jurisdiction for disciplinary matters involving advocates.
Judicial review by the High Court does not extend to adjudicating the merits of disciplinary complaints against lawyers, which must be handled by the Bar Council.
The transfer of complaints under Section 36B of The Advocates Act to the Bar Council of India is a procedural safeguard that allows for proper adjudication of grievances against advocates.
A writ of Mandamus is not necessary when the complainant has the option to pursue the matter before a different authority, as per the provisions of the Advocates Act.
Section 38 of the Advocates' Act, 1961 establishes a mandatory appellate process to the Supreme Court for aggrieved parties in Bar Council proceedings, which must be adhered to instead of seeking wri....
The court affirmed that the Bar Council's decision to drop a complaint is valid and that aggrieved parties have the right to seek further recourse through established legal channels.
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
