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Tips for Advocates

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08 October 2011  
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·   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 CrPC - Memo of appearance is sufficient in criminal case. Vakalatnama 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 West 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.

·   Purgery- The advocate punished for contempt of Court has to seek pardon from the Court concerned for the Act done by him on the ground that he really and genuinely repented and that he has resolved not to commit any such Act in future. Pravin c. shah v. K.A. Ali. 2001 (4) RCR (Cri.) 408 (SC): AIR 2001 SC 3041.

·   Misconduct- Intentional harassment of the witness by avoiding the cross examination by u excuses is professional misconduct. N.D. Datane v. Shrikant S. Shivde, 2001(4) RCR (Cri.) 491 (SC): AIR 2001 SC 2028.

·   Letter to client to arrange the money for bribing the judge. Licence cancelled. Sambhu Ram Yadav V. Hanuman Das Khotey. JT 2001 (5) (SC) 618: AIR 2001 SC 2509

·   A regular govt. employee cannot remain on rolls of bar council . Satish K. Sharma v. The Bar Council . JT 2001 (1) (SC) 236: AIR 2001 SC 509.

·   Advocates Act - Strike by the advocates is illegal and unconstitutional. Client can sue for the damages due to the non-appearance of the advocate. Raman Services Pvt. Ltd. v. Subhash Kapoor, 2001 SCCC (Cri.) 3: JT 2000 (Suppl.2) (SC) 546: AIR 200 SC 207; Ex. Capt. Harish Uppal v. U.O.I, JT 2002 (10) (SC) 310 Const. Bench.

·   Arbitrator - An arbitrator is a court. Manohar lal v. Vinesh, 2001 SCC (Cri.) 1322:2001(2) Crimes 202 (SC): 2001 (2) RCR (Cri.) 475 (SC): AIR 2001 SC 1820: 2001 Cri. L. J. 2044.

·   Name of the advocate is not given in the list of the cases to be heard . notice should have been given to the counsel before marking his absence. Saheed Bhagat Singh Coop[. H.B. Society ltd. v. Improvement Trust Ludhiana, JT 2000 (9) (SC) 54: AIR 2002 SC 3589;

·   An advocate/Amicus Curiae advocate is a officer of the court. V. Venakata Rao V. Regional Transport Authority, 2(2000) ACC. 156 A. P.

·   Retention of files of the clients for non-payment of dues by the client is misconduct on the part of the advocate R.D. Saxena V. Balram Prasad Sharma, JT 2000 (9) (SC) 432: AIR 2000 SC 2912.

·   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 existence 2(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.

Manoj kumar
Advocate, Delhi High Court
Delhi

Email: advocates.agra@gmail.com

"Speak less to the people whom you like most... Because if they can't understand your silence ...... They can never understand your words...!!"


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