(Querist) 23 April 2021
This query is : Resolved
can an advocate guilty of misconduct other than of professional nature like dowry be allowed to practice in court. and can a person not having advocate client relationship be allowed to file complaint against an advocate under section 35 of Advocates Act,1961.
Dr J C Vashista
(Expert) 24 April 2021
Answer to both the questions is negative. 1. Allegation / charge / conviction for dowry do not constitute professional misconduct as prescribed under section 35 of Advocates Act, 1961; 2. The complainant has no locus standie to file complaint of misconduct against a lawyer since there is no contractual obligation with third person.