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The term misconduct and professional misconduct are not defined in the advocates act, 1961 but in in general the term misconduct may involve moral turpitude it must be improper or wrong behavior, unlawful behavior etc.

The term misconduct means the transgression of some. established and defined rule of action a forbidden act, unlawful behavior, improper and wrongful behavior.

Section 35 of the act also says that advocate may be punished for professional. misconduct or other misconduct although the term of misconduct and professional misconduct are not defined in section 35 or any other provision of the advocate act 1961.

The expression professional or other misconduct is mentioned section 10 of the bar council act 1926 by using those words it was made it clear that authority. might take action. in all cases of misconduct whether in professional or another capacity.

Case; Re Vinay Chnadra Mishra v/s Unknown [1995]

In this case court held that the license of the advocate might be cancelled by the supreme court or high court if any contempt jurisdiction is found. Professional misconduct arises as a result of various dereliction of duties towards:
  1. The court
  2. The client
  3. The opponent
  4. The colleagues

For example: Making false allegation against the judicial officer. Whereas other misconduct means misconduct not directly connected to the legal profession.

Principles for determining misconduct:
The Advocate Act 1961 is not defined the term misconduct and professional misconduct. because of the wide scope and application of the term. To understand the instances of misconduct we have to rely on the decided cases.

Some of the decided instances of professional misconduct are:
  1. Professional Negligence
  2. Misappropriation
  3. Changing Sides
  4. Contempt Of Court And Improper Behavior Before A Magistrate
  5. Giving Improper Advice
  6. Misleading The Client In Courts
  7. No Speaking The Truth
  8. Suggesting Bribing The Court Official

Case: State Of Punjab v/s Ram Singh Ex Constable

In this case Sc court held that misconduct in office may be defined as a unlawful behavior or neglect by a public officer by which the right of a party is affected.

Further the court had observed the professional misconduct involve:
  1. Moral Turpitude
  2. Unlawful And Wrongful Behavior
  3. Transgression
  4. Forbidden Act
  5. Carelessness And Negligence Performed On Duty
  6. Willful In Character

Punishment of Advocate for misconduct [section 35]
Section 35 of the advocate act 1961 deals with the punishment of advocate for misconduct and talks about the disciplinary committee power of bar council. Section 35 of the act states that a person is found guilty. of professional misconduct it shall refer the case to a disciplinary committee shall fix a date of hearing and issue a notice to the advocate and the advocate general of state.

The disciplinary committee state bar council after being heard. both the parties:
  1. Dismiss the complaint or where the proceeding was initiated at the instance. of state bar council direct that proceeding, be filed.
  2. Reprimand the advocate.
  3. suspend the advocate from practice for such a period as it deems fit.
  4. remove the name an advocate from the state roll of advocate.

SECTION 36 of the advocate act 1961 states that the bar council of India on receipt of complaint of an advocate whose name is not enrolled in any. state roll shall refer to its name to the disciplinary committee. can dispose of a pending complaint.

As per section 36B of the act states that disciplinary committee can dispose of a complaint within a period of 1 year from the date of its receipt. If this fails, then the complaint goes to the bar council of India.

Remedies Against The Order Of Punishment:
  1. Appeal to the bar council of India [section 37]
  2. Appeal to the SC [section 38]
  3. Stay of the order [section 40]

Appeal to the bar council of India [section 37]:
Section 37 o the advocates act 1961 deals with appeal to the bar council of India states that any person who is aggrieved. by an order of disciplinary committee of state bar council or the advocate general of state may within the 60 days from date of the order prefer an appeal to the bar council of India.

Selected Opinion Of The Disciplinary Committee Of Bar Council Of India

A Disciplinary committee of state bar council after giving an opportunity. of being heard to the concerned advocate and advocate general of state can take legal action against the advocate. In such case the advocate has a right to appeal before BCI.

Appeal to the Sc [section 38]
Section 38 of the advocates act 1961 deals with appeal to the Sc states that any person who is aggrieved by an order of disciplinary committee of bar council of India or the attorney general. of India may within 60 days from the date order prefer an appeal to the SC.

Stay of Order [Section 40]
The aggrieved party can file a application to before concerned. bar council has been passed for stay of order still appeal is filed.

Similarly, after filing an appeal before the BCI or SC the aggrieved party can ask for the stay of order. still the disposal of the appeal.

Case: Jagdish Singh Snd Other V. T.C Sharma

In the case Jagdish Singh and others were the employees of school in new Delhi. They approached T.C Sharma as an advocate and paid. the fees to file a case against their arbitrary dismissal from their school. The allegation is that without file a case the advocate has given the case no. from the administrative tribunal which was found to be false. when the advocate is refused to return fees paid the complaint was filed.

HELD; - The court held that the advocate. was guilty of misconduct.

Case: N.S [ Appellant] V. K.V. [Respondent]

In this case N.S is a gov. pleader and K.V is a senior advocate. At the time of going advocate. Association they had an argument with the regard of mentioning before the judge of H.C. It was alleged that appellant had used vulgar words against the complainant.

HELD; - Both the state bar council and BCI held that there was a professional misconduct on the part of appellant.

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