disciplinary committee of state bar council

Narendra Singh v. Chhotey Singh And Another

1
Court: Supreme Court Of India
Date: 9 Aug, 1983
Cited By: 9
Coram: 3

...the requirement of the affidavit on the question of verification statement on personal

knowledge and therefore it did not furnish reliable evidence against the appellant. The
Disciplinary Committee was not inclined to attach any imp...on the identical ground that the
verification is not according to the rules of Bar Council of India prescribing the procedure to be
followed by Disciplinary Committee of State ...Council. It was further observed that it must be
rejected on the short ground that the averments therein made are not shown to be to the personal
knowledge of the deponent. On this ground, the finding of the ...

Bar Council Of Maharashtra v. M.V Dabholkar And Others

2
Court: Supreme Court Of India
Date: 13 Aug, 1975
Cited By: 154
Coram: 5

...resolution was passed by the Bar Council of Maharashtra on the same day whereby Messrs
Hotchand Advani, R.W Adik and S.C Chagla were elected as members of the Disciplinary
Committee to enquire int...Maharashtra to be represented in the appeal because proceedings were
started suo motu.” 8. These statements of the Disciplinary Committee of the Bar Council
...determine cases of misconduct against advocates on its roll and to safeguard the rights,
privileges and interests of advocates on its roll. 12. The functions of the Bar Council of India are
...

Babu Verghese And Others v. Bar Council Of Kerala And Others

3
Court: Supreme Court Of India
Date: 16 Mar, 1999
Cited By: 311
Coram: 2

...Bar Council shall vest in the Special Committee; (b) all rights, liabilities and obligations of the
State Bar Council, whether arising out of any contract or other...Council of India shall meet at
New Delhi or at such other place as it may, for reasons to be recorded in writing, determine. (2)
A State Bar Council shall meet at its headquarters or at such other pl...held in that manner
through the Special Committee but were held by the State Bar Council, which had ceased to have
any jurisdiction in the matter, the elections were a nullity. 6. Mr V.R...
Adi Pherozshah Gandhi v. H.M Seervai, Advocate-General Of Maharashtra, Bombay
4
Court: Supreme Court Of India
Date: 21 Aug, 1970
Cited By: 108
Coram: 3

...myself separately. 2. We heard this appeal on a preliminary point raised by the appellant that
the appeal of the Advocate-General of Maharashtra filed before the Bar Council of India was
incompetent a...the proceedings in London was not before the Bar Council of the State and action
was taken on the basis of a brief report of the incident in a newspaper. The appellant explained
before the .... 5. The point in controversy before the Disciplinary Committee of the Bar Council
of India and now before us, is a short one. It is, whether the Advocate-General can be said to be
a...

Goverdhan Pujari v. Jugal Kishore Sahu

5
Court: Supreme Court Of India
Date: 12 Jan, 2009
Cited By: 0
Coram: 2

...been confirmed in appeal by the Bar Council of India. Hence, these appeals. The appellant has
challenged the impugned orders mainly on the ground that Shri R.K. Mohanty, Advocate ceased
to be a Member ...Council on 23.12.1999 and, therefore, he could not have, as a Member of the
Committee, decided the complaints. It has not been disputed before us that the day on which the
complaints filed by the appellant were dismissed, S...State Bar Council to decide the complaints
afresh. The Chairman of the Orissa State Bar Council shall see that the complaints filed by the
appellant are placed before properly constituted...

Nandlal Khodidas Barot v. Bar Council Of Gujarat And Others

6
Court: Supreme Court Of India
Date: 24 Sep, 1980
Cited By: 10
Coram: 2

...: “Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that
any advocate on its roll has been guilty of professional or other misconduct, it shall
refer...Resolution reads: “Resolved that the following complaints be and are hereby referred to
the disciplinary committee of the Bar Council.” The names of t...Council applied its mind to the
allegations made in the complaint and found that there was a prima facie case to go before the
Disciplinary Committee. 4. In Dabholkar (I) case referred to abo...

Dhanraj Singh Choudhary v. Nathulal Vishwakarma.

7
Court: Supreme Court Of India
Date: 8 Dec, 2011
Cited By: 11
Coram: 2

...the order. 2. On the complaint made by respondent, Nathulal Vishwakarma against the
appellant advocate to the Bar Council of Madhya Pradesh, Jabalpur, the matter was referred to
the Disciplinary ...regarding sale of shop in occupation of the complainant to the appellant
advocate by the vendor. 5. On the pleadings of the parties, the Disciplinary Committee of the
State .... The Disciplinary Committee of the State Bar Council, after hearing the parties and on
consideration of the evidence tendered by them, recorded its finding against the appellant
advocate...

D.P Chadha v. Triyugi Narain Mishra And Others

8
Court: Supreme Court Of India
Date: 5 Dec, 2000
Cited By: 76
Coram: 3

.... Section 37 of the Advocates Act, 1961 provides as under: “37. Appeal to the Bar Council of
India.—(1) Any perso...Council made under Section 35 or the Advocate General of the State
may, within sixty days of the date of the communication of the order to him, prefer an appeal to
the Bar ...the Bar Council of India which may pass such order (including an order varying the
punishment awarded by the disciplinary committee of the State Bar...

N.G Dastane v. Shrikant S. Shivde And Another

9
Court: Supreme Court Of India
Date: 3 May, 2001
Cited By: 31
Coram: 3

...a State Bar Council has reason to believe that any advocate on its roll has been guilty of
professional or other misconduct, it shall refer the case for disposal to its Disciplinary
Committee.” .... The collocation of the words “guilty of professional or other misconduct” has
been used for the purpose of conferring power on the Disciplinary Committee of the State Bar
...not actuated by mala fides, the Bar Council has a statutory duty to forward the complaint to the
Disciplinary Committee. 23. In Bar...

Indian Council Of Legal Aid & Advice And Others v. Bar Council Of India And Another
10
Court: Supreme Court Of India
Date: 17 Jan, 1995
Cited By: 79
Coram: 3
...is enrolled as an advocate under the Act. Chapter V deals with “Conduct of Advocates”. Under
Section 35 where on receipt of a complaint or otherwise a State Bar Council has reason to
believe that any advoc...37 provides for an appeal to the Bar Council of India against an order
made by the disciplinary committee of a State Bar...Council. Section 36 provides that where on
receipt of a complaint or otherwise, the Bar Council of India has reason to believe that any
advocate whose name is not entered on any State roll has bee...

Sri Brojo Gopal Bhattachryya… v. Bar Council Of West Bengal & Ors.…
11
Court: Calcutta High Court
Date: 30 Aug, 1999
Cited By: 0
Coram: 2

...doubt clearly suggests that any person aggrieved by an order of the Disciplinary Committee of
a State Bar Council has a right of filing an appeal within 60 days from the date of the
commu...Mohamad Mustafa K.A v. The Bar Council of Tamil Nadu reported in 1986 (2) Madras
Law Journal Reports page 362.Section 36B(1) of the Adv...against the appellant was made on
21.9.91 Even though from the available records before us, it is not forthcoming as to when the
complaint was actually received by the State Bar Council or its Disciplinary ...

Chander Prakash Tyagi v. Benarsi Das (Dead) By Legal Representatives And Others
12
Court: Supreme Court Of India
Date: 17 Mar, 2015
Cited By: 1
Coram: 2

..., Saharanpur, against Komal Arora and others. However, he did not care, on which the
complainant made a complaint, supported by an affidavit and other papers, to the Bar Council of
Uttar Pradesh, Allahabad (for short “the .... The Disciplinary Committee of the State Bar Council
dismissed the complaint, vide order dated 6-6-2000, in view of the fact that the advocate (present
appellant) had withdrawn his vakalatnama fr...passed by the Disciplinary Committee of the State
Bar Council, the complainant, resorting to Section 37 of t...

Bhupinder Kumar Sharma v. Bar Association, Pathankot.

13
Court: Supreme Court Of India
Date: 31 Oct, 2001
Cited By: 2
Coram: 2

...order dated 4-11-1998 passed by the Disciplinary Committee of the Bar Council of India,
confirming the order passed by the Disciplinary Committee of the Bar ...Council as an advocate
on 16-9-1994 vide Enrolment No. P/771/94. On 9-9-1995, the respondent-Association made a
written complaint to the State Bar Council making allegations of misconduct against the
appel...completion of the proceedings in DCE No. 1 of 1996, order was passed by the
Disciplinary Committee of the State Bar Council to...

Karnataka State Bar Council v. An Advocate*

14
Court: Karnataka High Court
Date: 23 Mar, 1992
Cited By: 3
Coram: 2

...complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll
has been guilty of professional or other misconduct, it shall refer the case for disposal to its
Disciplinary ..., a case may be referred to the Disciplinary Committe, either on receipt of a
complaint by the State Bar Council, or the Bar Council may suo motu institute the proceedings
by taking note ..., of which its sub-section (1) is relevant here. It reads:“The disciplinary
committee of a State Bar Council shall dispose of the complaint received by it under Se...

Supreme Court Bar Association v. Union Of India And Another

15
Court: Supreme Court Of India
Date: 17 Apr, 1998
Cited By: 120
Coram: 5

...called, pending before the Court. This Court, therefore, in exercise of its jurisdiction under
Article 129 cannot take over the jurisdiction of the Disciplinary Committee of the Bar ...scrutiny.
After recognising that the disciplinary jurisdiction of the State Bar Council and the Bar Council
of India to take action for professional misconduct is different from ...Council, the Bar Council
entrusts the inquiry into the case of misconduct to the Disciplinary Committee constituted under
Section 9 of the Act. Section 35 lays down that if on receipt ...

Anand Tiwari And Anr. v. Bar Council Of U.P. And Anr.

16
Court: Allahabad High Court
Date: 23 Feb, 2011
Cited By: 0
Coram: 2

...- "35. Punishment of advocates for misconduct. (1) Where on receipt of a complaint or
otherwise a State Bar Council has reason to believe that any adv.... Disciplinary committee after
giving advocate concerned an opportunity of being heard so as to pass appropriate orders as
permitted in Section 35(3) of the Act. For convenience Section 35(3) of the Act is...constitution
and the norms for State Bar Council is provided under Rule 33 of the Act. In accordance with the
norms so provided under the Act, so far State of U.P. is concerned, 25 elected members...

V.C Rangadurai v. D. Gopalan And Others

17
Court: Supreme Court Of India
Date: 4 Oct, 1978
Cited By: 32
Coram: 3

...the Act. Section 35(3) reads: “The Disciplinary Committee of a State Bar Council after giving
the advocate concerned and the Advocate-General an opport...; (d) remove the name of the
advocate from the State roll of advocates.” Section 37 provides an appeal to the Bar Council of
India. It runs:...Council made under Section 35 or the Advocate-General of the State may, within
sixty days of the date of the communication of the order to him, prefer an appeal to the Bar ...

Dhanraj Singh Choudhary v. Nathulal Vishwakarma

18
Court: Kerala High Court
Date: 8 Dec, 2011
Cited By: 1
Coram: 1

...date of communication of the order. 2. On the complaint made by the respondent-Nathulal

Vishwakarma against the advocate appellant to the Bar Council of Madhya Pradesh, Jabalpur,
the matte...Disciplinary Committee of the State Bar Council framed the following issues :- 1. (a)
Whether the Respondent-Advocate purchased the property from Jitendra Singh Bhakna as
describe...respective case. The Disciplinary Committee of the State Bar Council, after hearing the
parties and on consideration of the evidence tendered by them, recorded its finding against the
adv...

Baldev Singh Dhingra And Others v. Madan Lal Gupta And Others
19
Court: Supreme Court Of India
Date: 4 Feb, 1999
Cited By: 2
Coram: 2

...appropriate disciplinary proceedings be initiated by the State Bar Council against Respondent
1. The appellant, along with four other members of the Bar Association at Samrala, by an
application d...State Bar Council against Respondent 1. In the said proceedings, evidence was led
by the respective parties and the matter was pending for arguments. However, in the meantime,
the period of one year prescribed by l...the misconduct was committed by Respondent 1 while he
was not actually practising as an advocate and had surrendered his certificate of enrolment, as per
Rule 5 of the Bar Council, still his name did continue on th...

Madhav M. Bhokarikar v. Ganesh M. Bhokarikar (Dead) Through Lrs..

20
Court: Supreme Court Of India
Date: 11 Mar, 2004
Cited By: 0
Coram: 2

...Act, 1961 (hereinafter referred to as “the Act” for short). Proceedings were initiated against the
appellant by the Disciplinary Committee of the State Bar Council on a complaint made by the
respo...accusing the appellant of having taken dealership of a retail outlet of petroleum products.
On enquiry, the Disciplinary Committee of the State Bar Council found the cha...appellant has
entirely suffered out the punishment awarded by the Bar Council to him inasmuch as he has not
practised for a period of more than five years. He submitted that the interest of the appellant
would be p...

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1997(3&4)IBR207

This is an interesting matter in which the parties were fighting .on preliminaries rather than going
deep into the issues involved. The matter involved a complaint lodged with the Bar Council of
Tamil Nadu by the present appellant to the effect that certain applications in the form of
complaints addressed to various authorities by the respondent amounted to "other" misconduct
on the part of the respondent. When the matter was before the State Bar Council, it passed a
resolution to the effect that there was prima face case of misconduct and therefore it was placed
before a Committee for the final adjudication. Before the D.C. of the State Bar Council a
preliminary issue was raised by the respondent that there was no nexus or proximity in his
standing as a lawyer and the application made by him to various authorities and therefore the
Committee could not go into the merit being sans jurisdiction. The point was upheld by the
committee and by its order dated 10-8-1996 it dismissed the comp...

Dec 09 1996 (HC)

c Vs.r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1997(3&4)IBR201

Briefly stating the facts of the case are that the complainant filed a complaint against the
respondent on the allegations that he engaged the respondent to file a case in respect of the theft
committed in his house. It is alleged against the respondent that the respondent gave him a draft
of the complaint which was sent to the Commissioner of Police and other authorities by the
complainant. The respondent also issued notice to the SHO Police Station, Lajpat Nager, New
Delhi, on behalf of the complainant for supplying the enquiry report. In respect of the complaint
lodged by the complainant against Mool Chand and sons who have allegedly committed the theft
in the house. It is further alleged that till issuing of the notice no fees was settled between the
complainant and the respondent. But the respondent told that he would charge minimum amount
of fees. It is further alleged that on 8-12-199.3 the complainant paid Rs. 2,000/- to the respondent
and also gave his documents for filing the...

Dec 08 1996 ()

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1998(1)IBR153

This is an appeal against the order of State Bar Council wherein the appellant was suspended for
a period of six months from practice.Brief facts of the case are that the respondent paid a sum of
Rs.10,000/- on .16-5-1981 and Rs. 60,000/- on 4-10-1981 to Rao and Raju Builders Pvt." Ltd.,
Hyderabad. This amount was paid to construct a three bed room house on the plot allotted to the
complainant.As the said Builders failed to construct the house, the respondent met P.S. Rao
Managing Director of Rao and Raju Builders Pvt. Ltd. to settle the matter amicably. The said
P.S. Rao suggested to the respondent to approach the appellant A practicing Advocate at
Hyderabad to seek his advice. The respondent met him in March, 1984 and then appellant
advised him to file a suit for recovery of amount from M/s Rao and Raju Builders Pvt. Ltd. The
respondent paid Rs. 5,000/- to the appellant for filing the said recovery suit and the appellant
obtained his signatures of the plaint prepared by him, That the...

Oct 05 1996 (HC)

District Judge, Nainital. Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1998(1)IBR139

1. Proceedings under section 35 of the Advocates' Act 1961 was No. 59/1989 before the State
Bar Council of Uttar Pradesh, the State Council prima facie felt satisfied and, inferred the matter
to its Disciplinary Committee in its General Body meeting held on 12-8-1989 which shows that
on account of dilatory tactics adopted by the charged Advocate, it could not dispose of the matter
within the stipulated period as contemplated u/s 36B of the Advocates' Act and ultimately the
matter came up before the Bar Council of India and registered as BCI Tr. Case No.40/1991.
Perusal of the, order sheet shows that in spite of several notices sent to the charged advocate, he
not participate in the proceedings and consequently matter proceeded ex-parte against him. The
Disciplinary Committee of the Council of India in its meeting held on 13th January, 1996 framed
the following issues:-a. Whether the Respondent has stated any falsehood before the i Motor
Accident Claim Tribunal/Nainital for illegal gain...

Oct 05 1996 (HC)

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1998(1)IBR135

1. On .complaint being filed by one R, son of late Shri uddendu Saheb, the State Bar Council
prima facie felt satisfied taking cognizance under Section 35 of the Advocates Act, registered
Case No. 46 of 1991. After providing sufficient opportunities to the parties for leading evidence
and hearing the State Bar Council vide its judgment and order dated 14.3.1993 was pleased to
debar the respondent-appellant Advocate from practice a period of one.year under Section 35 (3)
(c) of the Advocates Act, aggrieved against which the present appeal was preferred by the
respondent Advocate. At the time of appeal the Bar Council was pleased to defer* the sentence
awarded by the State Bar Council which has continued till this date. The complainant-respondent
came up with the case that he had executed a registered sale deed with an option to re-purchase
the property situate in village Deeravalli in favour of one Lanka Samba Siva Rao. However, he
continued to remain in possession and enjoyment of the ...

Sep 14 1996 (HC)

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1997(1)IBR271

This is, an appeal from the order of the State Bar Council of Andhra Pradesh dated 13-7-1991 in
C.C. No. 21/1990 by which the present' appellant was. found guilty of professional and other
misconduct and his name was struck off from the roll of Advocates maintained by the State
under Provisions of Section 35(3) (d) of the Advocates Act, 1961. The allegations against the
appellant were that Sri Radhakishan, S/o Shankar Singh, was the owner of some, houses in
Singavaram Village, Alampur (W), Mahaboobnagar Distt. These houses were submerged in
Srisailam Project and ultimately a compensation to the tune of Rs. 2,80,533.40 ps. came to be
deposited by the Govt, in Sub-Court, Gadwal. The present appellant had come to be engaged on
behalf of the said Radh'akdshan in O.P. No. 1788 of 1984 in which the order of compensation
came to be passed. It is claimed by the present respondent that she used to accompany her
husband, namely the said Radhakishan, whenever j ; he would meet the present appella...
Jun 01 1996 (HC)

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1997(3&4)IBR193

1. This appeal is directed against the Judgment and order dated 2-4-94 rendered by the
Disciplinary Committee, Indore Bench, Bar Council of Madhya Pradesh in complaint Case No.
67/1992 wherein the SAN AD of the appellant has been suspended for a period of 7 years on the
grounds of professional misconduct.2. The gravamen of the charge against the present appellant
is that one Subbash Jain brother of the respondent complainant is a convict. He has been
convicted u/s 302 IPC and is sentenced 1,0 undergo life imprisonment. Thereafter he applied
under section 2 01 the Madhya Pradesh Prisoners' Release on Probation Act', 1954 and the
matter came up for hearing before the Hon'ble High Court of Madhya Pradesh, Indore Bench and
the Hon'ble High Court by its order dated 8-1-1992 dismissed M.P. No. 14/92 with the following
observations:-"By this petition under article 226 of the Constitution of India the petitioner seeks
to virtually challenge an order dated 30-10-91 passed in N.P. No. 87/1991 ca...

Nov 19 1995 (HC)

c Vs.r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1996(1)IBR155

APPEARANCE:For the complainant Mr. Denzil D' Mello.For the Respondent None.Per Shri
S.K. Padhi, Member.This proceeding has been initiated at the instance of a complaint made by
"C". Since this application could not be disposed of within the stipulated period by the
Disciplinary Committee of the Bar Council of Maharashtra and Goa, it has been transferred to
the Disciplinary Committee of the Bar Council of India under section 36B of the Advocates Act,
1961.We heard the counsel of the complainant Sri Denzil D' Mello at length; and perused the
submissions and the evidence adduced in this case. The complainant has examined one witness
i.e. himself. The respondent has not examined any witness.The gist of the case of the
complainant- as revealed in his pleadings and evidence is that the respondent was acting as. his
counsel for a property dispute at Goa. The suit in question was filed by the complainant as
plaintiff on 15th March, 1982, in the court of the Rent Controller for eviction. The co...

Sep 30 1995 (HC)

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1996(1)IBR152

This appeal is directed against the order dated 2nd April, 1993 passed by the Disciplinary
'Committee of the Bar council of Himachal Pradesh in Case No.4/1991 suspending the licence of
the appellant-advocate for a period of three months. The Committee heard this appeal on 26-5-
1995 at Shimla. Since Sri. Jamshed Pardiwala the third member could not be. present on that
date, therefore this appeal has been now fixed today for deliberations amongst all the three
members.-All the three members are present today and we have held' deliberations amongst,
ourselves after perusing the entire original records and have considered the respective
contentions of the parties. From our deliberations the following points emerge for determination
in this appeal.Point No. 1: Whether the order under appeal is liable to be set aside?Point No.
2: Final order.Findings on the above points:Point No. 1: YesPoint No. 2 : Appeal accepted.
Reasons fo...

Jun 04 1993 (HC)

a Vs. r

Court : THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

Reported in : 1996(1)IBR135

This is an appeal arising out of the Order dated 7.6.1990 passed by the Disciplinary Committee
of the Karnataka State Bar Council in D.C.E. No. 18/89 dismissing the complaint and
exonerating the respondent. The brief facts leading- to the complaint were as follows.The
complainant is a son-in-law of one late Mary Raymond. The complainant was the general Power
of Attorney during the life time of Mrs. Raymond and was the legal representative of her estate.
The respondent was the lawyer representing Mrs. Raymond and had prepared a Will for her. The
said Will was dated 1.7.68. It was kept in the safe custody with the respondent and the receipt to
that effect was pa3sed by him on 5.7.1968. Subsequently This Raymond changed her lawyer and
engaged Mr. George da Costa as her Advocate who requested the respondent to hand over the
Will, which request was refused by the respondent. This happened in 1978 where after Mrs.
Raymond prepared a new will be her new lawyer on 4.1.1982. The present complai...