Upgrad LLM

advocate act and contempt of court


Please can somebody name 3 case laws from the advocate act and the contempt of court..preferably after 1985...have to make notes regarding the ratio the facts, the issues and the decisions.

If the citation from the AIR is given that would be very helpful. Thanks.

 
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advocate

ADVOCATES ACT CASE LAWS----

1)ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT BY APRACTING ADVOCATE-APPELLANT A PRACTCING ADVOCATE WAS REPERESENTING THE OPPOSITE PARTY TO THE RESPONDENT-THAT THE CASE WAS DECIDED ON THE BASIS OF A COMPROMISE-AFTER THE DECISION OF THAT CASE THE APPELLANT/ADVOCATE TOOK A HAND LOAN OF RS.3000/- FROM THE RESPONDENT AND THE APPELLANT ALSO GAVE RESPONDENT A POST DATED CHEQUE AS A  MEASURE OF PAMENT –BUT THE CHEQUE WAS BOUNCED-RESPONDENT THEN FILED APPLICATION AGAINST THE APPELLANT FOR PROFESSIONAL MISCONDUCT –THE APPELLANT WHILE TAKING A HAND LOAN WAS NOT ACTING AS AN ADVOCATE-HE WAS ACTING ONLY AS A NEEDY PERSON  AND THE RESPONDENT  AS A CREDITOR-HENCE THE APPELLANT CAN NOT BE GUILTY OF ANY PROFESSIONAL MISCONDUCT-FURTHER, BY ORDER OF THIS COURT THE APPELLANT HAD DEPOSITED RS.3000/- IN THE REGISTRY-HE IS LIABLE TO PAY RS.1000/- MORE AS A COST TO THE RESPONDENT –PUNISHMENT SET ASIDE AND COMPLAINT DISMISSED.

[1999  SAR [CIVIL] 119.]

2]

A] ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT OR OTHER MISCONDUCT  ON THE PART OF ADVOCATE-SCOPE OF- RESPONDENT WAS EARLIER AN ADVOCATE-SELECTED AS A JUDICIAL MAGISTRATE-HE THEREFORE ,GOT HIS LICENCE TO PRACTISE SUSPENDED- AFTER SOME  YEARS WHILE IN JUDICIAL SERVICE HE WAS PROSECUTED FOR TAKING OF BRIBE  AND ULTIMATELY DISMISSED FROM SEVICE-HE THUS APPLIED TO BAR COUNCIL TO PERMIT  HIM TO RESUME HIS PRACTICE AS AN ADVOCATE AND WAS ALLOWED- SOME  OTHER ADVOCATES  MADE COMPLAINT AGAINST HIM THAT HE WAS DISMISSED FOR OFFENCE OF BRIBERY HE SHOULD NOT ALLOWED  TO PRACTCE AND ACTION BE TAKEN  AGAINST HIM U/S 35 OF THE ACT FOR PROFESSIONAL MISCONDUCT – IT IS N OT THE CASE OF APPELLANTS THAT AFTER RESUMPTION OF PRACTICE RESPONDENT HAD COMMITED ANY MISSCONDUCT AS AN ADVOCATE- FOR HIS PAST DELIQUENCY HE WAS PUNISHED- PROFESSIONAL MISCONDUCT  CANNOT BE COMMITTED BY ANY ONE WHO IS NOT PRACTISING THE PROFESSION OF LAW BEING AN ADVOCATE ON ROLL OF BAR COUNCIL-IN THE CIRCUMSTANCES OF THE CASE THE ORDER OF BAR COUNCIL OF INDIA THAT NO CASE OF PROFESSIONAL  MISCONDUCT ON THE PART OF RESPONENT ADVOCATE IS PROVED UPHELD – APPEAL DISMISSED.

B]  WORDS AND PHRASES- EXPRESSION “ OTHER MOSCONDUCT” IN SEC.35[1] OF ADVOCATES ACT,1961- MEANING AND SCOPE-DIFFERENCE BETWEEN “PROFESSIONAL MISCONDUCT” AND “OTHER MISCONDUCT”-“OTHER MISCONDUCT” WOULD INCLUDE MISCONDUCT COMMITTED BY ADVOCATE NOT IN HIS CAPACITY AS PROFESSIONAL BUT IS ANY OTHER CAPACITY.

[1999  SAR [CIVIL] 119.]

CASES REFFERED – AIR 1956 SC 102, AIR 1958 AP 209

3] LEGAL PRIFESSION – NATURE AND REQUIREMENTS OF- LEGAL PROFESSION IS A NOBEL ONE HAVING HIGH TRADIIONS-ANY MEMBER OF THE PROFESSION FALLING FROM  SUCH STADARADS DESERVES PUNISHMENT  COMMENSURATE WITH GRAVITY OF MISCONDUCT.

[1999  SAR [CIVIL] 354.]

4] ADVOCATES ACT,1961-SEC-44- ADVOCATE FOUND GUILTY OF PROFESSIONAL MISCONDUCT AND SUSPENDED FROM ORACTICE FOR  3 YEARS- SUCH ADVOCATE PRACTSING  DYRING THE PERIOD OF SUSPENSION OF PRACTICE UNDER DIFFERENT NAME- BAR COUNCIL OF INDIA, ON APPEAL, BY COMPLAINT AWARDING PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS –GUILTY ADVOCATE PREFFERING REVIEW PETITION BEFORE B.C.I. OF SUSPENSION FOR 3 YEARS AND RESTORING ORDER OF ADMONITION PASSED BY STATE BAR COUNCIL-NOT SUSTAINABLE-PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS RESTORED.

[1999  SAR [CIVIL] 472.]

 

       

 

 


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Can anyone help us with recent decided cases for  contempt of court and advocates Act.With proper citation.As we would require this for project purpose.

 
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advocate

CONTEMPT OF COURTS ACT SS 2[B]AND20--- CONTINUING CONTEMPT--PETITION FILED ON 4TH JULY 2002 ALLEGING THAT THE DEFENDANTS HAVE CREATED THIRD PARTY INTEREST IN SUIT PREMISES IN BRACH OF INJUNCTION GRNTED BY COURT ON 24 TH JUNE 1993- PETITIONER IN AFFIDAVIT FILED BEFORE SMALL CAUSES COURT ON 13 TH DECEMBER,2000 DEPOSED ABOUT THEIR KNOWLEDGE ABOUT THE CREATION OF THE THIRD PARTY INTEREST-HELD, THE ACT IS COMPLETED BY THE DEFENDANTS AND IS NOT A CONTINUING WRONG--LIMITATION WOULD HAVE TO BE RECKONED FROM THE DATE OF KNOLEDGE ACQUIRED BY THE PETITIONER IN RELATION TO EXISTENCE OF THAT FACT --PETITION IS TIME BARRED BY LIMITATION. MAHENDRA BUILDERS V/S PARVEZ GHASWALA AND OTHERS.

CONTEMPT PETITION 282/2002

DECIDED ON 31/03/2006[BOMBAY]

MAHARASHTRA LAW JURNOL 2006[3]668.


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i would like to know

when a case is given to a lawyer by the court   and he refuses to take it just due to fees paid is very less could amount to professional misconduct ?

 

 
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Lawyer

no it it cannot synoymed with misconduct it is the sweet will of the lawyer to accpt or to deny at the intial stage

 
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assistant professor of law

that it is  not misconduct of a lawyer, yet it is a breach of his ethical duty that he owe towards the society and public. the profession of law is regarded as a 'noble' profession and must be 'service oriented'. though an advocate is busy with his other cases, yet he has to devote some time and efforts for 'legal service' [which is one of his ethical duty]

 
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can any one tell me some of the important cases on professional misconduct?

 
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Can any one tell me the Rule regarding the

advocates of Petitioner Can become the advocates of respondent without getting the NOC from Petitioner

if there is rule please give me the detailed

 

Its Urgent

 
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Advocate

A professional misconduct and contempt of court are different things  If an advocate on roll is misconducting with his client or in profession can be debarred by its state bar council and if an advocate misconducting with the court or in procedure can be prosecuted under contempt of court Allahabad High court has recently given many decesion in contempt of court against advocate see the Allahabad high court site

 
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