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Adv. karinamishra (-)     23 April 2010

DISCIPLINARY PROCEEDINGS, COMPLAINTS, REVISIONS, REVIEWS

 

DISCIPLINARY PROCEEDINGS, COMPLAINTS, REVISIONS, REVIEWS etc
Part VII

CHAPTER-I
Complaints against Advocates and Procedure to be followed by Disciplinary Committees of the State Bar Council and the Bar Council of India
(Rules under Section 49 (1) (f) of the Act)

A. Complaint and Enquiry under Section 35, 36 and 36B of the Act
1. (1) A complaint against an advocate shall be in the form of a petition duly signed and verified as required under the Code of Civil Procedure. The complaint could be filed in English or in Hindi or in regional language where the language has been declared to be a state language and in case the complaint is in Hindi or in any other regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India under the Advocates Act.
Every complaint shall be accompanied by the fees as prescribed in the rules framed under Section 49 (h) of the Act.

(2) The Secretary of the Bar Council may require the complainant to pay the prescribed fees if not paid, to remove any defects and call for such particulars or copies of the complaint or other documents as may be considered necessary.

(3) On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.

(4) No matter taken up by the State Bar Council suo motu or arising on a complaint made under Section 35 of the Act shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want proceed with the enquiry.

2. Before referring a complaint under section 35 (1) of the Act to one of its Disciplinary Committees to be specified by it, the Bar Council may require a complainant to furnish within a time to be fixed by it, further and better particulars and may also call for the comments from the advocate complained against.

3. (1) After a complaint has been referred to a Disciplinary Committee by the Bar Council, the Registrar shall expeditiously send a notice to the advocate concerned requiring him to show cause within a specified date on the complaint made against him and to submit the statement of defence, documents and affidavits in support of such defence and further informing him that in case of his non-appearance on the date of hearing fixed, the matter shall be heard and determined in his absence.

Explanation : Appearance includes, unless otherwise directed, appearance by an advocate or through duly authorised representative.
(2) If the Disciplinary Committee requires or permits, a complainant may file a replication within such time as may be fixed by the Committee.

4. The Chairman of the Disciplinary Committee shall fix the date, hour and place of the enquiry which shall not ordinarily be later than thirty days from the receipt of the reference. The Registrar shall give notice of such date, hour and place to the complaintant or other person aggrieved, the advocate concerned and the Attorney General or the Additional Solicitor General of India or the Advocate General as the case may be, and shall also serve on them copies of the complaint and such other documents mentioned in Rule 24 of this Chapter as the Chairman of the Committee may direct at least ten days before the date fixed for the enquiry.

5. (1) The notices referred to in this Chapter shall subject to necessary modification, be in Form Nos. E-1 and E-2 be sent to the advocates appearing for the parties. Notice to a party not appearing by the advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal. The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs.

(2) The notices may be sent ordinarily through messenger or by registered post acknowledgement due and served on the advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code.

(3) Notice may also, if so directed by the Committee be sent for service through any Civil Court as provided for under Section 42 (3) of the Advocates Act.

(4) Where the notice sent to any party cannot be served as aforesaid it may be served by affixing a copy thereof in some conspicuous place in the office of the Bar Council, and also upon some conspicuous part of the house (if any) in which the party concerned is known to have last resided or had his office, or in such other manner as the Committee thinks fit. Such service shall be deemed to be sufficient service.

(5) Payment of bills and/or charges for summons to witness etc. shall be in accordance with the rules under Section 49 (h) of the Act.

6. (1) The parties can appear in person or by an advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notices. A Senior Advocate is entitled to appear with another advocate who has filed a vakalatnama.

(2) The Bar Council or its Disciplinary Committee may at any stage of a proceeding appoint an advocate to appear as Amicus Curiae. Such advocate may be paid such fee as the Council or the Committee may decide.

(3) Excepting when the Committee has otherwise directed, service on the advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served.

(4) Unless otherwise indicated, where more than one Advocate appears for the same party, it is sufficient to serve the notice on any of them.

7. (1) If in an enquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee in spite of service of notice, the Committee may proceed ex-parte or direct fresh notice to be served.

(2) Any such order for proceeding ex-parte may be set aside on sufficient cause being shown, when an application is made supported by an affidavit, within 60 days of the passing of the ex-parte order.

Explanation : The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule.

8. (1) The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates, if they desire to be heard and determine the matter on documents and affidavits unless it is of the opinion that it should be in the interest of justice to permit cross examination of the deponents or to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed.

(2) On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee :-

The Disciplinary Committee of Bar Council of ..................... Exhibit No .............................. Date of Document.............................. Produced by ................................. Date ..................................... Signature of .................

(3) The exhibits shall be marked as follows :-

(a)        Those of the complainant as C1,C2, etc.
(b) Those of Respondent as R1, R2,etc.
(c)        Those of Disciplinary Committee as D1, D2, etc.

(4) The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars as it considers necessary.

9. (1) Evidence given before the Disciplinary Committee shall be recorded preferably in English by any member of the Committee or any other person authorised by the Committee. The evidence so recorded shall be signed by the Chairman or if the Chairman is not there when the evidence is recorded by any member of the Committee.

(2) Whenever the record of a case decided by the State Bar Council or its Disciplinary Committee in which evidence has been recorded in a language other than English is required to be sent to the Bar Council of India or its Disciplinary Committee, a translation thereof in English made by a person nominated by Committee or Registrar certifying the same to be true copy shall also be sent.

10. (1) Every Disciplinary Committee shall make a record of its day to day proceedings.

(2) The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in order of date, all relevant information concerning the date of filing, the date for hearing and despatch and service of the notices on the parties or the Advocates or the Attorney General or the Additional Solicitor General or the advocate General as the case may be, of statements or petitions filed and/or of the order thereon and of other proceedings in the matter before the Committee.

11. (1) If in any enquiry pending before the Disciplinary Committee, the complainant dies and there is no representative who is willing to conduct the case on his behalf, the Disciplinary Committee may, having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the enquiry or to drop it.

(2)  (a) In the case of an enquiry against only one advocate, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings.
(b) Where the enquiry is against more than one advocate, on the death of one of them, the Disciplinary Committee may continue the enquiry against the other advocate unless it decides otherwise.

(3) No Disciplinary enquiry shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want to proceed with the enquiry.

12. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in court dress.

13. The Council may from time to time issue instructions on any of the matter provided for in these rules.
14. (1) The finding of the majority of the members of the Disciplinary Committee shall be the finding of the Committee. The reason given in support of the finding may be given in the form of a judgement, and in the case a difference of opinion, any member dissenting shall be entitled to record his dissent giving his own reason. It shall be competent for the Disciplinary Committee to award such costs as it thinks fit

(2) The Registrar of the Disciplinary Committee shall send free of charge to each of the parties in the proceedings, a certified copy of the final order or judgement as set out in Rule 36 in this Chapter.

(3) The date of an Order made by the Disciplinary Committee shall be the date on which the said Order is first received in the office of the Bar Council after it has been signed by all the members thereof. For the purpose of limitation the date of the Order shall be the date on which the contents of the Order duly signed as aforesaid are communicated to the parties affected thereby.

15. Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee.

16. (1) The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees in such manner as may be specified from time to time.

(2) The Secretary of the Bar Council of India may however call for such further statements and particulars as he considers necessary.

17. (1) The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for purposes of Section 36B of the Act and send all the records of proceedings that stand transferred under the said Section.

(2) The date of receipt of the complaint or the date of the initiation of the proceedings at the instance of the State Bar Council shall be the date on which the State Bar Council refers the case for disposal to its Disciplinary Committee under Section 35 (1) .

(3) Whenever the records of proceedings are transferred under Section 36B of the Act to the Council, the requirements in Rule 9 (2) of this Chapter shall be followed by the Disciplinary Committee of the State Bar Council.

B. Withdrawal of Proceedings under Section 36 of the Act

18. (1) Where a State Bar Council makes a report referred to in Section 36 (2) of the Act, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India all the records of the proceedings along with the report.

(2) An application by a person interested in the withdrawal of a proceeding referred to in Section 36 (2) of the Act shall be signed by him and it shall set out the necessary facts supported by an affidavit and accompanied by the fee prescribed.

(3) For making an order on an application of a party or otherwise under Section 36 (2) of the Act, the Disciplinary Committee of the Bar Council of India may :

(a) call for a report of the Disciplinary Committee seized of the proceedings;
(b) issue notice to the respondent;
(c) require the parties to file such statements as it considers necessary;
(d) call for the records of the proceedings; and
(e) examine any witnesses.

(4) In the proceedings before the Disciplinary Committee of Bar Council of the India under Section 36, unless otherwise directed, the parties may appear in person or by advocate who shall file a vakalatnama as provided for under Rule 6 (1) in this Chapter.

(5) On a consideration of the report of a State Bar Council or otherwise the Disciplinary Committee of the Bar Council of India shall pass such orders as it considers proper.

C. Appeal to the Bar Council of India under Section 37 of the Act

19. (1) An appeal to the Council provided for under Section 37 of the Act, shall be in the form of a memorandum in writing as set out in Rule 21 in this Chapter. If the appeal is in a language other than English, it shall be accompanied by a translation thereof in English.

(2) In every appeal filed under Section 37 (1) of the Act, all persons who were parties to the original proceedings shall alone be impleaded as parties.

(3) Save as otherwise directed by the Disciplinary Committee of the Council, in an appeal by the advocate against an order under Section 35, in case of death of the complaintant the legal representatives of the complainant shall be made parties.

20. (1) An appeal may be presented by the appellant or his advocate or by his recognised agent in the office of the Bar Council of India or sent by registered post with acknowledgement due so as to reach the Secretary, Bar Council of India on or before the last day of limitation.

(2) Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such period. Any such application for condonation of delay shall be supported by an affidavit.

21. (1) The memorandum of appeal referred to in Rule 19 (1) of this Chapter shall contain necessary particulars as in Form G. The memorandum of appeal shall state when the order was communicated to the appellant and how it is in time.

(2) Along with the memorandum of appeal, the appellant shall file :

(a)   either the authenticated or the certified copy of the order appealed against, signed by the Registrar of the Disciplinary Committee, and
(b)  five additional copies of the memorandum of appeal and of the order appealed against, if there is only one Respondent; if there is more than one Respondent, such number of additional copies as may be necessary. All copies shall be certified as true copies by the appellant or by his counsel.

(3) Every memorandum of appeal shall be accompanied by the prescribed fees in cash. In case the memo is sent by post, it shall be accompanied by the M.O. Receipt issued by the Post Office.

(4) If the papers filed in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time.

22. (1) Subject to the provisions contained in Rule 29 (2) in this chapter, the Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee or such other member authorised in this behalf by the Council shall have the power to allocate matters relating to the Disciplinary Committee, save when any such case has been allotted by the Council to any particular Disciplinary Committee.

(2) Any matter allotted to a particular Disciplinary Committee which has not been heard may be reallocated to a different Disciplinary Committee.

(3) Notwithstanding the provisions of Rule 30 in this Part, the Chairman of any Disciplinary Committee shall have powers to issue interim orders on urgent matters which may be placed before him by the Registrar.

23. Subject to any resolution of the Bar Council of India in this behalf relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal.

24. (1) The appellant shall be required to file six typed sets of the following papers properly paged and indexed if there is only one Respondent and as many more sets as there may be additional respondents for the use of the Disciplinary Committee and by the other parties and for the record :-

(a)  the complaint, statement in the defence of the advocate,
(b) the evidence oral and documentary and such other papers on which parties intend to rely.
(c)  any other part of the record as may be directed by the Committee.

Where any of the above papers is in a language other than English, English translations thereof shall be filed.

(2) The Respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any part of the record on which he intends to rely. He shall also file English translations of such papers as are not in English.

25.  The Registrar shall give notices to the parties or their advocates or their recognised agents informing them of the date, time and place of the hearing of the appeal. A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal.

26. (1) No appeal filed under Section 37 of the Act against an order of punishment of an advocate shall be permitted to be withdrawn on account of settlement or compromise or adjustment of the claim against the advocate.

(2) Every appeal filed under Section 37 of the Act by or against an advocate shall abate on the death of the advocate so far as he is concerned.

27. In regard to appearance of a party in the appeal, Rule 6 of this chapter will apply.

28. (1) The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council.

(2) The Registrar of the State Council concerned shall send along with the records a list containing particulars under the following columns and comply with such other directions as may be issued.

Serial No.                  Date of                  Descripttion of         Page No.
of Document              Document              Document


D. Application for Stay, and other matters

29. (1) An application for stay made under Section 40, sub-section (1) or (2) of the Act shall be accompanied by an affidavit and the fees, if any prescribed by the rules of the Council made under Section 49(1)(h) of the Act. Where the affidavit is not in English, a translation thereof in English shall be filed. The applicant shall file with his application at least five copies of the application, and the affidavit and as many additional copies thereof as there are respondents. Where the application is not in English five copies with translation thereof in English shall also be filed.
In every application for stay made to the Council, the applicant shall state if any application has been made to the State Council and the orders thereon.

(2) Before a matter is allotted to a Disciplinary Committee under Rule 22 above, the registrar may obtain orders on applications for interim stay or other urgent applications from the Chairman of any of the Disciplinary Committees. The orders passed under this sub-rule shall be communicated to the parties and to the Secretary of the Bar Council concerned.

30. After allotment of a case under Rule 22 in this Chapter to a Disciplinary Committee, the Registrar may obtain its orders on any matter of an emergent nature arising therein, by circulation.
30A. The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under C.P.C.

31. The order of the Disciplinary Committee disposing of an appeal shall be communicated to the parties. The date of an order made by the Disciplinary Committee shall be the date on which the said order is first received in the office of the Council after it has been signed by all the members thereof.

E.   Rules applicable to all proceedings before the Disciplinary Committee of the State Bar Councils and the Bar Council of India.

32. The Rules in this Chapter so far as may be, shall apply to all proceedings of the Disciplinary Committee of State Bar Councils or of the Bar Council of India.

Proceedings to be in camera

33. All the proceedings before the Disciplinary Committee shall be held in camera.

Inspection of records and copies

34. (1) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, inspection of any of the records in any proceeding before the Disciplinary Committee may be permitted to the parties or their advocates on presentation of an application duly signed by the applicant or his advocate and on payment of the prescribed fee on any working day except during the  summer or other vacations of the Supreme Court.

(2) An application for inspection shall be made to the Registrar of the Disciplinary Committee. The Registrar of the Disciplinary Committee may permit the inspection in his presence or in the presence of any member of the staff authorised by him.
The person inspecting shall not be entitled to make copies of the record of which inspection is granted. He shall, however, be permitted to make short notes in pencil.

(3) Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certifited copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee.

(4) A copy of a final judgement in a decided case may be given to any person applying for the same on payment of the prescribed fee therefor, provided however that the name of the advocate against whom the proceedings were taken shall be omitted.

Order awarding Costs : Decretal Order

35. (1) All orders where costs are awarded in disciplinary proceedings shall specify the amount of costs awarded and also state the party against whom the order is made and the time within the amount is payable.

(2) As soon as possible after the order is made by the Disciplinary Committee, in respect of every order where costs are awarded to any of the parties, a decretal order shall be drawn up as in Form J- 1/J-2 at the end of this Chapter signed by the Secretary of the State Bar Council or the Council as the case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council or the Council as the case may be.

(3) The Decretal Order aforesaid shall be furnished to any party to the proceeding on application made therefor, and on payment of the charges prescribed under the rules.

Copies of Final Orders

36. The Secretary of the State Bar Council or the Bar Council of India as the case may be, shall send to each of the parties in the proceedings, a certified copy of the final order made under Sections 35, 36, 36B or 37, signed by him as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council/Bar Council of India as the case may be. No charges shall be payable on the copies so sent. Charges as prescribed under the rules shall however be payable for all additional copies of the said order applied for.

The last sentence added w.e.f. 7-4-79
Amended with effect from 10-4-1976
Amended with effect from 18-6-1977
Rule added with effect from 31-12-1977.

 

From — E - 1
(Under Rule 5 in Chapter I, Part VII)
Notice of hearing of complaint under Section 35/36 of the Advocates Act, 1961 and Rule 5, Chapter I, Part VII of the Rules of the Bar Council of India.

Before the disciplinary Committee of the bar
Council of .........................................
D.C. enquiry No ...............................


............................................                                           Complainant/s
(With Address)

vs.

.............................................                                           Respondent/s
(With Address)


Whereas a complaint dated……………against respondent/s, a copy of which is sent herewith has been referred for disposal to the above Committee of the Bar Council .................under Section 35/36 of the Advocates Act, 1961 and the Disciplinary Committee has fixed ……………. (time) on …………….(date) for the hearings of the case at ºººººº (place) in accordance with the procedure prescribed under the relevant rules of the Council.

The Respondent may submit his statement of defence together with any documents or affidavits in support of his defence within………. days from the date of this notice. The respondent shall send one copy of his statement of defence to the complainant and one copy to the Advocate-General direct under registered A.D.cover. The complainant may be entitled to file a reply to the statement of defence together with such documents on which he proposes to rely in support thereof within ..............days.

The parties above-named are required to appear in person or through advocate before the said Committee on the said date, time and place or any other date or dates and place to which the matter may be adjourned. It shall be open to the parties to examine the witnesses that may be permitted before the Disciplinary Committee.


If, on any date of hearing any party is absent, the hearing will proceed ex-parte against him.

………………is required to file………………………copies of ……………. to the Registrar, Disciplinary Committee, Bar Council of .................... on or before …………....

Dated this the ……………..day of the month ……………………………. By Order

                                                                                                            Registrar

Disciplinary Committee

Bar Council of ................

Form — E - 2
The Disciplinary Committee of the Bar Council of India
(Notice of hearing under Rule 5 in Chapter I, Part VII of the Rules of the Bar Council of India)
(Subject to necessary modifications)

DCL/D/            /                                                          Date.................

In the Matter of....................................................................................

No. on the file of the Disciplinary Committee of the Bar Council of
(B.C.I. Tr. Case No.)

………………………………………………………………..Complainant (s)

Vs.

………………………………………………………………..Respondent (s)

Notice under Section 36B read with Section 35 and 36 (2) of the Advocates Act and the Rules made thereunder

Whereas the proceedings between the parties above referred to before the Disciplinary Committee of the Bar Council of ºººººstand transferred to the Bar Council of India under Section 36B of the Advocates Act, 1961 and the records in the same have been received by the Bar Council of India for disposal by the Disciplinary Committee of the Bar Council of India as provided for in the said Section 36B read with Section 36A and the other provisions of the Act and the Rules of the Bar Council of India in this behalf.

The parties in the above proceedings will take notice that the hearing in the same has been fixed :-

At (place)
For (dates and time)

The Disciplinary Committee will continue the proceedings from the stage at which it was so left by the Disciplinary Committee of the Bar Council of ºººººº and will  hear arguments on the evidence, oral and documentary already on record.

The parties are required to be ready with all  their evidence oral and documentary and for arguments.

The parties above named are required to appear in person or through Advocate or through duly authorised agents before the said Committee on the said date, time and place or any other date or dates and place to which the matter may be adjourned.

In view of the pendency of these proceedings for a long time and its automatic transfer to the Bar Council of India under Section 36B of the Advocates Act, the hearing will be peremptory and no adjournment may be granted.

If the parties fail to appear in person or by advocate or to comply with the other requirements of this notice, the Committee will proceed ex-parte or make such other orders as it may deem fit.

The parties engaging any counsel may send their Vakalatnama duly signed by the counsel giving the address of the Advocate for the purpose of future communication.

Please note that notice of the hearing sent to the Advocate will be sufficient notice to the party even if a copy of the notice is sent to any of the parties.

Registrar,
Disciplinary Committee of
the Bar Council of India
Copy to :
The Attorney General of India,
New Delhi.

Form - F
(Under Rule 4 in Chapter I, Part VII)
(Subject to necessary modifications)


From :

The Secretary
Bar Council of……………………

To         
The Attorney General/
Additional Solicitor General of India/Advocate General
................................................
................................................

Notice under Section 35 (2)/ 36(3) of the Advocates Act, 1961

Sir,
Please find enclosed copy of a notice dated ººººissued under Section 35 (2)/36 (3) of the Advocates Act, 1961 for the hearing of a case before the Disciplinary Committee of the Bar Council of ........................................

Registrar,
Disciplinary Committee
Bar Council of .........................
Date :
Place :

Form - G
Memorandum of Appeal
(Under Rule 21 in Chapter I, Part VII of the Rules of the Bar Council of India)
(Subject to necessary modifications)

Before the disciplinary committee of the Bar Council of India

Under Section 37 of the Advocates Act, 1961

D.C. Appeal No. /ºººº

…………………………………………………………………………………Appellant

Versus

..........................................................................................................................Respondent


1.   (a)  Appellant ............................................................ son of ....................................... (residing at)

Age…………………………………………. (to be filled in) ............................................


(To be filled up if the vakalatnama is filed by the advocate)

 

The appellant appears by Advocate Shri……………………Roll No …………………..  enrolled in the Bar Council of ............................................The Address for the service of Appellant is ............................................that of his advocate ............................................

(b) Respondent (s) (I)........................................................
S/o ……………………………………
residing at ..........................................................

2. The appellant files this appeal against the Order dated ............................................in case No. ………………………… of the Disciplinary Committee of the Bar Council of ...................................................

3. The complaint against the advocate, who is the Appellant/Respondent in this appeal was filed on ………………………….. in the Bar Council of ...................................

The Bar Council referred the complaint for enquiry to its Disciplinary Committee on ………………………….º. The Disciplinary Committee of the Bar Council to which the matter was referred has dismissed the complaint/made an Order for punishment against the advocate, reprimanding him/suspending him/removing his name.

4. The Committee has passed no order for costs/also passed an order for costs of Rs. ºººººººº ºº payable by ººººººººº to ºººººººººº

5. The order of the Disciplinary Committee will come into operation w.e.f. ºººººººººº

6. The appellant has made no application to the Disciplinary Committee of the State Bar Council of ººººº The appellant has made an application before the Disciplinary Committee of the State Bar Council of ººººº on ºººººººººº  which has made an order for stay upto ºººººººººº/ which has dismissed the application for stay.

7. Six copies of the order of the Disciplinary Committee of the State Bar Council and the Stay Application are filed with this appeal.

The order of the Disciplinary Committee of the Bar Council of ºººººººººº was received/communicated to the applicant on ºººººººººº

The appeal is in time/not in time.

The appeal is filed after the period of limitation and application for condonation of delay supported by an affidavit is filed herewith.

The appellant has paid Rs. 100/- fee for the appeal on ººººº in cash/is paying Rs. 100/-ºººººººº

The appellant files this appeal for the following amongst other grounds : -

1 ººººº                      2 ººººº                3ººººº           etc.

                                                                  Appellant/Advocate for

Appellant.
Place :
Date :

Enclosures:

  1. Certified copy of the order complained against with 5 extra copies.
  2. Memo of grounds of appeal with 5 extra copies.
  3. Application, if any, for stay with 5 extra copies.
  4. Affidavit in support of application for stay with 5 extra copies.

 

 Form - H
(Under Rule 25 in Chapter I, Part VII)
(Subject to necessary modifications)

Before the Disciplinary committee (ºº) of the Bar Council of India

D.C. Appeal ºººººº No.                  /

against


Order of the Disciplinary Committee of Bar Council of ººººººº Dated ºººººººººin Case/Complaint No. ºººººººº. In the matter of Shri ºººººººº Advocate ººº.ººººººº      

Appellant(s)
Versus
ºººººººººº                                                               Respondent(s)

Notice of Appeal under Section 37 of the Advocates Act, 1961 and intimation of the date of hearing

Whereas an appeal has been filed by the appellant above named against the order of the disciplinary Committee of the State Bar Council of ºººººº in Case/Complaint No. ººººº dated ººººº

The parties to the appeal will please take notice that the hearing of the above appeal before the said Committee has been fixed for ººººº the ºººººº at ºººººº (Place) ººººººº at ººººººº

If any of the parties to the appeal fail to appear in person or through advocate on the date of the hearing or any date on which it may be adjourned, the matter will be proceeded with ex-parte.

Please also take notice that stay of the operation of the order filed against has been granted by order of the Disciplinary Committee dated ºººººººº.

New Delhi
ººººº
Dated :                                                                                                                                                    Registrar,
                                                                                                                                                    Disciplinary Committee,
                                                                                                                                                       Bar Council of India.

Note:- One copy of the grounds of appeal is sent to each of the respondents.

 

Form - I
(Under Rule 29, Chapter I, Part VII)
(Subject to necessary modifications)

Disciplinary Committee (ºººº) of the Council of India

ºººººº (Chairman)
ºººººººººº
ºººººººººº
Miscellaneous Petition No. ººººººº (Stay)
IN
D.C. Appeal No. ººººººººººººººººAppellant(s)
Vs.
ººººººººººººººººººº Respondent(s)
Dated the ººººººººººººººººººº .........................

Petition for stay and suspension of the operation of order of the Disciplinary Committee of the Bar Council of ºººººº in Case/Complaint No ºººººººº dated ºººººº suspending the petitioner from practice under Section 35  (3) of the Advocates Act, 1961 for a period of ºººººººººº pending the disposal of the appeal filed against the said Order.

Order
The operation of the order of the Disciplinary Committee of the Bar Council of ººººººº dated ººººººº in Case/Complaint No. ºººººº is stayed.

By Order

                                                                                                                               Registrar,
                                                                                                                    Disciplinary Committee of
                                                                                                                    The Bar Council of India.

 

Form - J - I
(Under Rule 35 (2) Chapter I, Part VII)

Before the disciplinary Committee of the bar Council of ººººººººººººººººººOriginal Jurisdiction (To be added in matter before the Bar Council of India) Complaint/Case No ººººººººº..... ºººººººººº

(On a complaint made by Shri ........................................................................(address)

......................................................                             Complainant(s)
(Name & address)

Vs.

.......................................................                              Respondent(s)
(Name & Address)

                                                                                                  (Date)

Present :—

Shri. ºººººººººº (Chairman)

Shri. ºººººººººº (Member)

Shri. ºººººººººº (Member)

For the Complainant : Shri ººººººº , Advocate in/person

For the Respondent : Shri ººººººº, Advocate in/person

The Case above mentioned being called on for hearing before the Disciplinary Committee of the Bar Council of ºººººººº on  the ºººººººº day of ºººººººº  ººº, upon hearing Advocate for the Complainant/the Complaintant in person and Advocate for the Respondent (Respondent in person)/Respondent not appearing either in person or through Counsel though served; the Disciplinary Committee of the Bar Council of ºººººdetermining (state the gist of the punishment) doth order:

That the Complaint/Case be and the same is hereby dismissed/allowed.

That there shall be no order as to costs;

That the Complainant/Respondent do pay to the Respondent/ Complainant herein the sum of Rsººº./- (Rupees ºººº(in words) being the costs incurred in the Bar Council of ºººººººº within ºººººººº month from the date of this order;

That this Order be punctually observed and carried into execution by all concerned;
Witness Shri ºººººººº Chairman of the Disciplinary Committee of the Bar Council of ºººººººº at ºººººººº this the ºººººººº day of ºººººººº.... ºººººººº .


Registrar,
Disciplinary Committee of
The Bar Council of ºººº

 

Form — J.2
(Under Rule 35  (2) in Chapter I, Part VII)


D.C. Appeal No. ºººººººº of   ººº
(On appeal from the Order dated the  ºººººººº day of
ººººº of the Bar Council of  ºººººº in Case
No  ººººººº of   ºººº)


ºººººººººººº                                                             Appellant(s)
(Name & address)
Vs.
ºººººººººººº                                                          Respondent(s)
(Name & address)                                                                     ºººº

(date)

Present : —
Shri. ººººººº (Chairman)
Shri. ººººººº (Member)
Shri. ººººººº (Member)

For the Appellant : Shri ººººººº, advocate/in person

For the Respondent : Shri ººººººº, advocate/in person

The appeal above mentioned being called on for hearing before the Disciplinary Committee of the Bar Council of India on ººººººº day of ººººººº ººº, upon hearing Advocate for the appellant (the appellant in person) and Counsel for the Respondent (the Respondent in person)/respondent not appearing either in person or through Advocate though served. The Disciplinary Committee of the Bar Council of India doth order.

That the original order dated ººººººº is hereby confirmed/set aside/set modified as under : —

          That the Appeal be and the same is hereby dismissed/allowed;
That there shall be no order as to costs;

That the Appellant/Respondent do pay to the Respondent/Appellant herein the sum of Rs ºººººº/- [Rupees ºººººº (in words)] being the costs incurred in the Bar Council of India as well as the sum of Rs. ºººººººº/- ººººººº (in words) being the cost incurred in the Bar Council of...................................within months from the date of this Order.

That this Order be punctually observed and carried into execution by all concerned.

witness       Shri. ºººººººº Chairman of the Disciplinary Committee of the Bar Council of India at (Place) this the ºººººººº day of  ººººººººººººº.

Registrar,
Disciplinary Committee of
Bar Council of India

CHAPTER - II
Review under Section 44 of the Act

  1. 1.   An application for Review under Section 44 of the Act shall be in the form of a petition duly signed and supported by an affidavit accompanied by the prescribed fee and filed within 60 days from the date of the Order sought to be reviewed.
  2. Every such application shall be accompanied by:

    (a)  a certified copy of the Order complained of,
    (b)  five additional copies of the application, affidavit and the order, and
    (c)  if there are more respondents than one, as many additional true copies as may be necessary.

  3. Every such application shall set out the grounds on which the Review is sought and shall further state whether any  proceeding in respect thereof was filed and is still pending or the result thereof as the case may be.
  4. If a Disciplinary Committee of a Bar Council does not summarily reject the application under Section 44 of the Act, or wishes to exercise its powers under Section 44 suo motu, the Secretary of a Bar Council shall issue as nearly as may be in the Form K at the end of this Chapter, notice to the parties and to the Advocate-General concerned or the Additional Solicitor-General of India in the case of the Bar Council of Delhi.
  5. (1) If after the hearing referred to in Rule 4, the Disciplinary Committee of a State Bar Council does not dismiss the application, and decides that the application for review should be allowed, the copy of the order along with the relevant record shall be sent to the Bar Council of India for approval.

    (2) If the Bar Council of India approves the order of the State Bar Council, the Disciplinary Committee of the State Bar Council shall communicate the order to the parties, if the Bar Council of India does not approve it, the Disciplinary Committee of the State Bar Council shall make its order dismissing the application and inform the parties.
  6. The decision of the Disciplinary Committee of the Bar Council of India on an application for Review of its order shall be communicated to the parties.
  7. In the proceedings under this Chapter, unless the Disciplinary Committee of the State Bar Council or the Bar Council of India, as the case may be, otherwise decides, the parties may appear by the advocate who shall file a vakalatnama signed by the party.


Form - K
Notice under Section 44 of the Advocates Act, read with Rule 4 in Chapter II, Part VII of the Rules of the Bar Council of India
(Subject to necessary modifications)

bar Council of ºººººººººº
Review Application ºººººººººº ººº


ºººººººººº                                                                     Petitioner/s
vs.
ºººººººººº                                                                 Respondent/s

Whereas on the application of ºººººººººº /suo motu the Disciplinary Committee of the Bar Council of ºººº having considered that there are prima facie grounds for Review of the Order made in Case No. ºººººº ºººººº on ºººººº.

The Respondent is informed that the said application will be heard by the Disciplinary Committee of the Council of ºººººººº on ºººººººººººº at (time) ºººº at place ººººº and that if the Respondent does not appear in person or through his advocate on the said date or on such other date to which the hearing may be adjourned, the matter will be heard and disposed of in his absence.

Date this ºººººº day of ºººº ººº
Office of the Bar Council of ºººººº

Registrar,
Disciplinary Committee of the
Bar Council of India.

 
 
   


Learning

 5 Replies

Daksh (Student)     23 April 2010

Ms.Karinamishra,

Kudos for such informative post. Keep up the good work going.

Best Regards

Daksh

Anil Shah (counsellor)     23 April 2010

that was very useful,

 

i have a further query, what is the time limit for processing complaints, can council keep hanign for serval years complaints against advocate  ?

Bar council of maharashtra refgused tjo give copies of their decisions or judgements under RTI claiming they are not covered, although there is order crom central RTI that  bar counci ls covered under RTI 

 

if cjomplaint is disposed, how to come to know of the decision and judgemnt, can it be available to any lawyer or can it be brought from RTI

francisray (teacher)     03 December 2011

pls go through the judgement copy of my case it is right or not , if not pls guide us so that we can fight for our right


Attached File : 104568 231076 7 supreme court of india.doc downloaded: 172 times

Kaligotla Sridevi (None)     16 November 2013

Hello,

greetings of  the day,

Could any one help me get bar council cases pertaining to disciplinary committee online please?

Mani (land owner)     24 December 2013

state bar councils ,as well as bar council of india are for the welfare of the advocates only.the jurisdiction u/s 36/37 are only decorative,only jurisdiction u/s 38 the honourable supreme court is dealing with the complaints against the willfully erring advocates in a fair manner. the state bar councils as well as bci are not even come forward to publish the fee stuctures for complaints / revision in their official web sites. i will be pleased if any body inform me the latest fee stucture for revision before the bci.

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