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s..i..n..g..h.. (member)     08 April 2010

can advocate plead the case of his relative

please refer to bar council of india rule (Chapter II, Part VI of the BCI Rules)

website https://www.barcouncilofindia.org/disjuris/rules-standard-prof.php

section 1 para 6 says

"An advocate shall not enter appearance, act, plead or practise in any way before a court, Tribunal or Authority mentioned in Section 30 of the Act, if the sole or any member thereof is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law."

is this means that an advocate can not plead the case of client who is related to the advocate as father, grandfather, son, grand-son, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law."

Please confirm

 



Learning

 9 Replies


(Guest)

An advocate pleading the case should not be a relative to the Judge presiding the Court Or a Division Bench consisting of more than two Members (one of whom is a relative Judge of the Advocate pleading). It does not apply to advocates vis-a-vis their relatives. An advocate can plead for his near/far relatives. The rule may be properly understood.

O. Mahalakshmi (Law practiece)     09 April 2010

Why not, an advocate plead his own case, then he can also plead the cases of his relatives.

Mugundhan (Lawyer)     22 September 2010

when an emotional aspect is involved, it makes us to loose our cool and thereby commit mistakes. That's why it is better for advocates to avoid from appearing as party in person and it is also better not to appear for close relatives.

Parag Shinde (Lawyer)     05 August 2012

The case law given below prohibits lawyer from defending relatives cause. I think this case law affects right to profession and once right of choosing lawyer own choice.

 

High Court on its own Motion ...Petitioner Versus Mr.N.B.Deshmukh,

 

Case law: states that

Harishankar Rastogi vs Girdhari Sharma And Anr

( Permission to be represented by another person who is not an Advocate)

ANURAG IYENGAR (MANAGER)     20 May 2013

Dear all,

 

I am not clear. Just let me know can an advocate plede his close relatives.

Advocate Ravinder (Advocate/Attorney)     23 May 2013

Yes, an Advocate can plead his own relative.  But the rule is that the Advocate should not be relative to the Judge/preciding officer. 

Hredesh   26 April 2016

The question was left unanswered by hon`ble high court in Ho`ble high court on its own motion vs N.B. Deshmukh 21 dec 2010. No opinion was shared by the ho`ble court and ball was left in the court of Bar council ...However  when advocate appears in a case where he himself is the litigant ,he has to take off his robes. and contest like an ordinary litigant.

 

 

nitingupta   21 May 2018

My father is a litigant in a civil case. Can I plead his case. I am his son

 

Nitin Gupta Advocate

KALYAN KRISHNA NANDI   09 May 2022

4 Ld. Advocates have beaten me inside the Ld. Barrackpore Court. The Presiding Officers as well as the PS and Commissioner did not take any step and for such One Writ Petition was filed for their non-action; but till today not heard as it is listed in very end.
Now the problem is the 10 Honourable High Court cases' Orders were flouted by the Ld. 4th JM Court and the next date is 13.06.2022 and If I will appear those 4 Ld. Advocates will either will murder/beat or prevent to appear before the Ld. Court.
It is the charge framing date for which the 10 Honourable High Court cases' Orders were passed and each was flouted by Ld. 4th JM, Barrackpore due to the pressure of those 4 Ld. Advocates. It can be verdicted that Warrant of Arrest will be issued as I will not appear on 13.06.2022 for the above stated conditions however I was present each and every dates of the previous 40 Judicial dates.
In the 41th date 13.06.2022 what will I do as the Judicial and Administrational authorities are sitting tight over to suppress various Inside Court Forgery and Fraud for which in various cases Honourable High Court passed in favour of me.
At any cost they will hide those Inside Court Forgery and Fraud; and for such legal terrorism is occurring and in a short time and very busy work pressure of Honourable High Court and pendency of various such matters also if the warrant of arrest is issued - How I tackle as I will not obtain the time to take shelter before Honourable Calcutta High Court.
Awaiting for your best suggestion.
Thanks.
 


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