(1A) The State Bar Council may, either of its own motion or on application made to it by … Section 35(1) of the Advocate Act, 1961, proviso says, is relevant in this context. (1) Where on receipt of a complaint or otherwise a State Bar Council has reason to believe that any advocate its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee. 4. In this case, the Constitution bench of the Court upheld the right of Bar Councils to try advocates for alleged professional misconduct. C. Defining “Professional Misconduct” 10. Section 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 advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary committee. As per Clause 1 of Section 35 of the Act, misconduct includes professional misconduct or any other misconduct. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. Section 35 of the Act provides for the rules as to punishment of advocates for misconduct which are as follows: Supreme Court Rules 1966 i. Punishment of advocates for misconduct.―(1) 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 the case for disposal to its disciplinary committee. According to Section 35 (1) of the Act, when the State Bar Council has a basis to believe that an advocate engaged in any act that makes him guilty of any sort of misconduct, they shall forward the matter to the disciplinary committee for disposal. simultaneously enquire into the professional misconduct also by adopting summery procedure. Section 35 empowers the disciplinary committee of the State Bar Council to punish an advocate for the professional or other misconduct. Section 35 of the Act, prescribes punishment for misconduct. 1A. Watch Queue Queue. Punishment S35. INTRODUCTION Today you enter upon the practice of an age-old profession, a profession dedicated to the service of your God, your country and your fellowman. Punishment of advocates for misconduct (1) 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 the case for disposal of its disciplinary committee. Professional misconduct refers to disgraceful or dishonorable conduct not befitting an advocate. 35 to 44. Watch Queue Queue Professional misconduct can be considered as a disgraceful or dishonorable action not suitable for an advocate.The 5th Chapter of the Advocate Act, 1961, describes the conduct of Advocates. b) MISCONDUCT: The term “Misconduct” has not been defined under the Advocates Act, 1961. SECTION 35: PUNISHMENT OF ADVOCATES FOR MISCONDUCT… Advocates have to maintain certain high standards - intellectual & ethical - for the upkeep of the dignity of the Bar as a professional group. [(1-A) The State Bar Council may, either… The punishment to remove from the Advocates Roll is awarded only in the cases where the misconduct is of such nature that the Advocate is unworthy of remaining in the profession. If an advocate Is found to be guilty of the offence he may be punished in the following ways: 1. PUNISHMENT FOR MISCONDUCT AND PROCEDURE. In the present case, therefore, from the punitive angle, the deterrent component persuades us not to interfere with the suspension from practice reduced “benignly” at the appellate level to one year. REMEDY FOR BREACH OF RULES ON ADVOCATE’S DUTIES- (THE ADVOCATES ACT, 1961) The Body or Authority empowered to punish for Professional or Other Misconduct are:-STATE BAR COUNCIL AND ITS DISCIPLINARY COMMITTEE. Introduction A lawyer’s profession is meant to be a […] As well as the provisions related to punishment for professional as well as other misconducts. Chapter V of the Advocate Act, 1961, deals with the conduct of Advocates. In this blog post, Mr.Sreeraj.K.V, a student of Government Law College, Ernakulam, Kerala writes about Professional misconduct under Advocates Act, 1961.The post covers areas like the definition of the term misconduct, provisions under the Advocates Act as well as various important cases dealing with the matter. Professional and other misconduct, Principles for determining misconduct, Disciplinary Committees of State Bar Council and the Bar Council of India, Punishment of advocates for misconduct, Appeals to the Supreme Court, Chapter – V – Secs. Professional misconduct means wrong or improper conduct. This video is unavailable. 5. The Advocates Act does not define the term but section 60 states that “the expression professional misconduct includes disgraceful or Existence of a body of specialized knowledge or techniques, Formalized method of acquiring training and experience, It establishes a representative organization with the profession as its goal, Formation of ethical codes for the guidance of conduct. Any behavior of an advocate in violation of professional ethics for his egocentric ends. Punishment for professional misconduct and others Sections 35(1),35(1)(a), 35(2), 35(3), 35(4) ,,35(5), 41,42,42(1),42(3),42(4),42(5) of Advocates Act 1961 chapter 5. 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