Misconduct of Advocate on record of supreme court
The institution of AsOR is to facilitate the working of the Court
as contained in Order IV Rule 6. It entitles an AOR to act, plead,
conduct and prosecute before this Court in respect of all matters filed
by him. To act means to file an appearance or any pleading or any
application in the Court and such a task has been entrusted solely
upon an AOR and no other advocate can file an appearance or act for
the party without his authorisation. The Court conducts an
examination before enrolling a person as an AOR and the basic
purpose to have such an examination is to verify whether the person is
well versed with the rules, practice and procedure of the Court and to
test his legal acumen and ethics. He must be fully acquainted with
the drafting of proceedings as well as its manner of filing in the
Registry. An AOR is not beneficial only to the Court but also assists
in the working of the Registry. In such a fact-situation, an AOR
cannot lend his signatures just to camouflage the requirement of rules.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTU CONTEMPT PETITION NO. 312 of 2013
In Re: Rameshwar Prasad Goyal, Advocate
J U D G M E N TDr. B.S. Chauhan, J.
as contained in Order IV Rule 6. It entitles an AOR to act, plead,
conduct and prosecute before this Court in respect of all matters filed
by him. To act means to file an appearance or any pleading or any
application in the Court and such a task has been entrusted solely
upon an AOR and no other advocate can file an appearance or act for
the party without his authorisation. The Court conducts an
examination before enrolling a person as an AOR and the basic
purpose to have such an examination is to verify whether the person is
well versed with the rules, practice and procedure of the Court and to
test his legal acumen and ethics. He must be fully acquainted with
the drafting of proceedings as well as its manner of filing in the
Registry. An AOR is not beneficial only to the Court but also assists
in the working of the Registry. In such a fact-situation, an AOR
cannot lend his signatures just to camouflage the requirement of rules.
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
SUO MOTU CONTEMPT PETITION NO. 312 of 2013
In Re: Rameshwar Prasad Goyal, Advocate
J U D G M E N TDr. B.S. Chauhan, J.
https://www.lawweb.in/2013/09/reportable-in-supreme-court-of-india_2.html
