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Section 35 of Advocates Act 1961 - Punishment of advocates for misconduct

 

 

What is the Punishment of advocates for misconduct? Section 35 of Advocates Act, 1961

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.

(1A) The State Bar Council may, either of its own motion or on application made to it by any person interested, withdraw a proceeding pending before its disciplinary committee and direct the inquiry to be made by any other disciplinary committee of that State Bar Council.

(2) The disciplinary committee of a State Bar Council shall fix a date for the hearing of the case a notice thereof to be given to the advocate concerned and to the Advocate General of the State.

(3) The disciplinary committee of a 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-

a. Dismiss the complaint or, where the proceedings were initiated at the instance of the State Bar Council, direct that the proceedings be filed.

b. Reprimand the advocate

c. Suspend the advocate from practice for such periods as it may deem fit.

d. Remove the name of the advocate from the State roll of advocates

(4) Where an advocate is suspended from practice under clause (c) of sub section (3) he shall, during the period of suspension, be debarred from practicing in any court or before any authority or person in India.

 

(5) Where any notice is issued to the Advocate-General under sub-section (2) the Advocate – General may appear before the disciplinary committee of the State Bar Council either in person or through any advocate appearing on his behalf.

[Explanation - In this section, section 37 and section 38 the expression "Advocate-General" and "Advocate-General of the State" shall, in relation to the Union territory of Delhi, mean the Additional Solicitor General of India.

 

 

ADVOCATES ACT 1961

Section 16 : Senior and other advocates

Section 17 : State Bar Councils to maintain roll of advocates

Section 18 : Transfer of name from one State roll to another

Section 19 : State Bar Councils to send copies of rolls of advocates to the Bar Council of India

Section 20 : Special provision for enrolment of certain Supreme Court advocates

 

 

Section 21 : Disputes regarding seniority

Section 22 : Certificate of enrolment

Section 23 : Right of pre-audience

Section 24 : Persons who may be admitted as advocates on a State roll

Section 24A : Disqualification for enrolment

Section 25 : Authority to whom applications for enrolment may be made

 

 

Section 26 : Disposal of an application for admission as an advocate

Section 26A : Power to remove names from roll

Section 27 : Application once refused not to be entertained by another Bar Council except in certain circumstances

Section 28 : Power to make rules

CHAPTER IV
RIGHT TO PRACTICE

Section 29 : Advocates to be the only recognized class of persons entitled to practice law

Section 30 : Right of advocates to practice

 

 

Section 31 - Special Power of Attorney (Repealed)

Section 32 : Power of court to permit appearances in particular cases

Section 33 : Advocates alone entitled to practice

Section 34 : Power of High Courts to make rules

CHAPTER V
CONDUCT OF ADVOCATES

Section 35 : Punishment of advocates for misconduct

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