Back
S. M. SUBRAMANIAM, C. KUMARAPPAN
S. Freeda Gnanamani – Appellant
Versus
Bar Council of Tamil Nadu, Represented by its Secretary – Respondent
ORDER :
S.M. Subramaniam, J.
[PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records of the 1st respondent in connection with its resolution No.280/2014 dated 07.11.2014 and quash the same.]
The Resolution No.280 of 2014 dated 07.11.2014 passed by the Bar Council of Tamil Nadu is under challenged in the present writ proceedings.
2. The resolution passed by the Bar Council forming a prima facie opinion would not provide a cause for institution of writ proceedings in a routine manner. Such prima facie opinion can be challenged on limited grounds, more specifically, such opinion has been formed and issued by an incompetent Authority having no jurisdiction or tainted with the allegations of malafides. In all other circumstances, the prima facie opinion formed by the Bar Council would result in referring the matter to the Disciplinary Committee, who in turn has to conduct an enquiry by affording opportunity to all the parties. Therefore, forming a prima facie opinion or arriving at a conclusion that there is a reason to believe to refer the complaint to the Disciplinary Committee would not be a ground to adju
A prima facie opinion by the Bar Council is not subject to judicial review unless it is shown to be issued by an incompetent authority or is tainted with malafides.
The court affirmed that the Bar Council's prima facie opinion is not subject to routine judicial review, emphasizing the need for proper inquiry by the Disciplinary Committee.
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 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.
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.
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.
A competent authority's notice of hearing in disciplinary proceedings is not subject to challenge in a writ petition unless there are clear grounds of incompetence or mala fides.
The necessity to exhaust available statutory remedies before seeking judicial intervention in matters concerning the Bar Council's decisions.
The Bar Council's authority to refer complaints for inquiry under Section 35 of the Advocates Act is affirmed, emphasizing the need for proper inquiry into allegations of misconduct.
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
