Advocates in Delhi, Lawyers, Supreme Court, Delhi High Court, Delhi District Court Advocates in Delhi, Lawyers, Supreme Court, Delhi High Court, Delhi District Court, BIFR, DRT, DRAT

The Advocates Act 1961,
Important Provisions

• Non – appearance of the counsel in the case is
  professional misconduct. For withdrawal notice to the client be given. G.
  Sridher & Anr. v. State of A.P. 2005(2) RCR(Cri.) 116 A.P.

• False affidavit by deponent client regarding the
  age. The advocate has no responsibility. New Delhi Bar Ass. (Regd.)
  & Ors. v. National Capital Territory
  of Delhi Govt. of Delhi,
  2004(2) RCR (Cri.) 40 Delhi.

• Advocates Act – State can appoint more than
  one addl. Advocate Generals of its choice. This appointment is not constitutional,
  rather it is executive. M.T. Khan v. Govt. of A.P., JT 2004(1) (SC)
  146 : AIR 2004 SC 2934

• Allegations by the advocate against the Judges in
  Review petition after dismissal of SLP, matter referred to the Bar
  Counsel of India
  for necessary action. U.O.I. v. Gulshan Bajwa, JT 2003(8) (SC) 440.

• Duty of advocate – One should not refer a
  judgment already overruled and that there is no other judgment by larger
  bench. Raghu Bhai Surabhai Bhawad v. Satish Kumar Ranchhoddas Patel,
  2003 Cri.L.J. 3984 Guj.

• Referring wrong arguments or Changing stand at
  different stages of proceedings is no offence covering the application
  of s. 195 Cr. P.C . N. Natrajan v. B. K. Subba Rao, 20003 (2) RCR
  (Cri. ) 424 (SC): AIR 2003 SC 541: 2003 Cri. L.J. 820.

• Review – Order already passed by the Bar Council
  can be reviewed even after 60 days. Licence cancelled is restored . JT
  2003 (4) (SC) 435. B

• An advocate is an officer of the Court and legal
  profession is not a trade or business, rather it is an officer of the
  court and legal profession is not a trade or business rather it is a
  noble profession and advocates have to strive to secure justice for
  their clients within legally permissible limits. R.N. Sharma
  Advocate v. state of Haryana
  , 2003 (3) RCR (Cri) 166 (P&H).

• State Bar council has quasi judicial power and it
  also perform the role of the prosecutor and hence, is competent to file
  appeal being aggrieved person against the judgment of the Bar council of
  India. Bar
  Council of A. P. v Kurapati Satyanarayana, 2003 SCC (Cri.) 155: AIR 2003
  SC 175.

• S. 303 Cr. P.C-Memo of appearance is sufficient in
  criminal case. Vakalatname is not necessary like the civil case. Ajay Mehta v.
  State of
  Karnataka, 2003 (1) RCR (Cri) 429(Karnataka).

• Advocate cannot argue his own case as an advocate
  but he can argue his case while appearing in person as general public. MCS-
  Barna v. C.B. Ramanurthy, 2002 (3) RCR (Cri.) 696 (Karnataka).

• Rs. 8118 received by the counsel on behalf of his
  client and kept with him. Then produced forged documents to establish
  that he has paid the amount. Licence cancelled permanently. Harish
  Chander Tiwari v. Baiju, 2002 SCC (Cri,) 294 (SC): AIR 2002 SC 548.

• Advocates Act- Undue adjournments of the case is an
  abuse of the process and also a misconduct. Mohd. Khalid v . State
  of Wst
  Bangal ,2002 (4) Crimes 160 (SC).

• Professional Misconduct-Running of STD/Photocopier
  in the name of advocate.Licence cancelled for 5 year. Bhupinder
  Kumar Sharma v. Bar Ass. Pathankot, Jt 2001 (9) (SC) 480: AIR 2002 SC 41.

• Third person an on advocate can represent a party
  without being general power of attorney of the party with the prior
  permission of the Court which has to be obtained by the party and not by
  the third person. Mathai v. Principal Distt. & Sessions Judge, 1999
  (2) RCR (Cri.) 1 Kerala 1999 (2) RCR (Cri.) 373 (SC).

• Merely ownership of taxi in his name of an advocate
  is not sufficient without his personal engagement in business. P.K.
  Sharma v. Gurdial Singh, AIR 1999 SC 98.

• Supreme Court Rules for the allotment of the
  chambers of the advocates, Vinay Balchandra Joshi v. Registrar
  General , supreme Court of India, AIR 1999 SC 107.

• The disciplinary committee cannot dealt with the
  matter of an Advocate who was treasurer of some society and the
  allegation was of no-accounting . Bapurao Pkhiddey v. Suman doudey,
  JT 1999 (1) (SC) 273 : AIR 1999 SC 916.

• Advocates Act will not be applicable on an advocate
  during the period of the suspension of his licence . Baldev Singh
  Dhingra v. madan Lal gupta, 1999 SCC (Cri,) 317: AIR 1999 SC 902;

• The accused who is an advocate can represent his
  co-accused in the capacity of the advocate in a criminal case till the
  licence of the accused advocate is in existence2(1997) CCR 536 : AIR
  1980 Orissa 143.

• Action taken by the disciplinary committee of the
  Bar Council of India is to be challenged in Supreme court U/S. 38 of the
  Advocate Act and order 5 of the Supreme Court rules, 1966. 1997 (2)
  supreme 294.

• Identification of a person by an advocate of a
  person in good faith without any personal benefit is no offence under
  the Indian Penal code . Mensrea is a must.Balbir
  Singh v.
  State of Punjab,
  1994 (3) RCR 486 (P&H): 1994 CC Case 231: 1994 (2) CCI 749: 1995 (1)
  CC Case 97 HC. Balbir Singh v.
  State of Punjab
  , 1984 cri. L.J. 421.

• Fees charged by the advocate but suit not field .
  It amounts to misappropriation of amount. D.S. Dalal v. State Bank of India
  , 1993 (2) RRR 116: AIR 1993 SC 1608.

• Misconduct – Appearance of another counsel in the
  case without obtaining the permission of the counsel already engaged by
  the client . it is misconduct on the part or the advocate appearing
  afresh. Giri Raj Parshad Sharma v. Rajasthan Uni. 1987 civil Court
  Cases 37.