In a recent judgment, the Division Bench of Justices AK Sikri and Ashok Bhushan of the Supreme Court has emphasised that disciplinary proceedings cannot be initiated by the Bar Council for transactions that are unconnected with the professional conduct of an advocate. 3 of the Karnataka state bar council stood transferred to the bar council … Disciplinary Committee Proceedings The Disciplinary Committee is an integral part of the Bar Association’s self-regulatory machinery provided for by the Legal Profession Act, 2008. T he Bar Council of India (BCI) has directed the Bar Council of Delhi (BCD) where noted advocate Prashant Bhushan is enrolled to examine whether his conviction for contempt of court invites disciplinary proceedings against him under the Advocates Act, 1961.. Furthermore, in Michael Stannard v General Council of the Bar [2006] LTL 30/1/2006 it was held that a tribunal is entitled to refuse to hear evidence that seeks to go behind the conviction unless there are exceptional circumstances. The bar council on proper investigation starts with the proceedings after which it can pronounce its decision under section 36/37 of the act and if the parties are not satisfied with the decision of the Bar Council of India then the party has an option to file an appeal in the apex court of the country against the order within a time period of 60 days from the date of order. ~Lawyers need lawyers too, and when you are dealing with the State Bar, you need a lawyer that knows the ins-and-outs of State Bar disciplinary proceedings. Chairperson of the Bar Council as soon as possible. [2016(3) MLJ 714]in which it held that since the disciplinary committee is a creature of the State Bar Council, what such a disciplinary committee can do can always be done by the State Bar Council. If the Bar Council decides to intervene in the complaint, am I involved in the inquiry thereafter? 1 disciplinary proceedings and health professionals – the position after corbally the bar council, c.p.d. The Advocates & Solicitors Disciplinary Board of Malaysia was established in 1992 pursuant to section 93 of the Legal Profession Act, 1976. 4. In relation to a complaint against a registered associate, the parties to the proceedings … 2nd Floor, Gauhati High Court Building (Old) Guwahati- 781001, Assam +91 - 70860-22920 (M) 6. Step 8: All proceedings before a Disciplinary Committee of the Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. Admittedly, respondent no. Members of ADDC specialize in State Bar discipline defense and possess a unique understanding of … The Disciplinary Committee of the State Bar Council, after giving the advocate concerned and therefore the Advocate-General a chance of being heard, may make any of the subsequent orders, namely: (2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and every such disciplinary committee shall be deemed to be a Civil Court for the purpose of sections 480, 482 and 485 of the Code of Criminal Procedure, 1898 (5 of 1898). Disciplinary powers of Bar Council of India (1) Where on receipt of a complaint or otherwise the Bar Council of India has reason to believe that any advocate (Note:- The words "on the common roll" omitted by Act 60 of 1973, sec.25) whose name is not entered on any State roll has been guilty of professional or other misconduct, it shall be refer the case for disposal to its disciplinary committee. 36B. 31 of 1991 on the file of the disciplinary committee no. below. seminar – 13th july 2015 seamus woulfe s.c. All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code. While section 24A disqualifies a person from being enrolled as an advocate on a conviction for an offence involving moral turpitude, section 35 provides for disciplinary proceedings against an advocate for professional or other misconduct, which may result in reprimand, suspension from practice or even removal from the rolls of the concerned Bar Council. He said he could not comment on the case because section 25 of the Bermuda Bar Act requires Bar Council disciplinary proceedings to be kept confidential. The Disciplinary Committee is charged with considering complaints lodged by members of the public concerning members of the legal profession. NEW DELHI: Advocate Prashant Bhushan has asked the Bar Council of Delhi (BCD) to drop the disciplinary proceedings against him, saying his conviction for criminal contempt of … (3) The Disciplinary Committee of the State Bar Council is authorised to inflict punishment, including removal of his name from the rolls of the Bar Council and suspending him from practice for a period deemed fit by it, after giving the Advocate concerned and the 'Advocate General' of the State an opportunity of hearing. (2) All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860), and every such disciplinary committee shall be deemed to be a civil court for the purpose of sections 480, 482 and 485 of Code of Criminal Procedure, 1898 (5 of 1898). Advocates Act, 1961. SUMMARY OF DISCIPLINARY PROCEEDINGS AND CONTACT POINTS IN THE EU AND EEA MEMBER STATES CCBE – Last update March 2011 - 1/45 AUSTRIA Disciplinary bodies: First Instance : The self-regulatory disciplinary body is the Disciplinary Council of the appropriate local Bar Association, A copy of the Act and the requisite form and template It is an independent body, and hence independent of the Malaysian Bar. To begin this process, please key in your 12-digit NRIC No. Disposal of disciplinary proceedings- (1) The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under Section 35 expeditiously and in each cash the proceedings shall be concluded within a period of one year from the date of the receipt of the complaint or the date of initiation of the proceedings at the instance of the … The Bar Council will then decide whether or not to intervene. • The court disagreed with the view taken by Madras High Court in K. Sathyabal vs. Bar Council of Tamil Nadu and Puducherry &Ors.' Contact us . Senior Advocate Prashant Bhushan is now facing Bar Council of India’s disciplinary proceedings for ‘professional misconduct.’ Proceedings under section 35 of the Advocates' Act 1961 was No. Hence, it may be declared that proceedings in d. C. E. No. (2) Disciplinary Committee of the Bar Council of India may either on its own motion or on a report by any State Bar Council or on an application made to it by any person interested, withdraw for inquiry before itself any any proceedings for disciplinary action against any advocate pending before the disciplinary committee of the State Bar Council and dispose of the same. The period of one year has come to an end on 27-1-1992. Section 35 of Advocate Act 1961 provides for punishment for professional misconduct or other misconduct. The disciplinary committee of the State Bar Council, after giving the advocate concerned and the Advocate-General an opportunity of being heard, may make any of the following orders, namely: The procedure for commencing disciplinary proceedings against any member of the Bar is set out in the Legal Profession Act 2008, as amended (the “Act”). Notice to Bar Council (1) An Advocate and Solicitor shall within 14 days of any change: (a) in the address of his/her place of practice; or (b) of his/her place of practice (eg if he/she moves to another firm); notify the Bar Council in writing in the form and manner as the Bar AND DISCIPLINARY PROCEEDINGS 13.01. The disciplinary committee of the Bar Council of India has also power to withdraw for inquiry before it- self and dispose of any proceedings for disciplinary action pending against any advocate before the Disciplinary Committee of any State Bar Council." The disciplinary committee of a State Bar Council shall dispose of the complaint received by it under Section 35 expeditiously and shall conclude within a period of one year from the date or the receipt of the complaint or the date of initiation of the proceedings at the instance of the State Bar Council, failing which such proceedings shall stand transferred to the Bar Council of India. disciplinary powers of the court, the Bar Association has limited disciplinary powers through its Disciplinary Committee. disciplinary committee of any of the disciplinary powers conferred by section 30 of the Act, the Council shall dismiss the complaint and inform the complainant accordingly. All proceedings before a disciplinary committee of a Bar Council shall be deemed to be judicial proceedings within the meaning of sections 193 and 228 of the Indian Penal Code, and every such disciplinary committee shall be deemed to be a civil court for the purposes of sections 480, 482 and 485 of the Code of Criminal Procedure, 1898. (d) It is important that a record of proceedings be kept: (i) so as to enable the Bar Council (where the sub-committee does not have plenary power to dispose of the matter) to decide whether or not to accept the subcommittee's findings/ - recommendations, either with or without motivation; If you have lost your password, you must set a new password. The BCI, in a press statement, also has stated that it has asked BCD to proceed as per the law as expeditiously as possible. If the Bar Council decides to intervene, it will step in as the Complainant. 1 initiated the proceedings on 27-1-1991. 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