In the case of the death of the complainant during the enquiry proceedings and if there is no representative who is willing to conduct the case , the Disciplinary Committee may having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the enquiry or to drop it. In the case of an enquiry against one advocate only, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings. Where the enquiry is against more than one advocate, on the death of one of them, the Disciplinary Committee may continue the enquiry against the other advocate unless it decides otherwise.
No disciplinary enquiry shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want to proceed with the enquiry. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committees of the State Bar Council or Bar Council of India shall appear in court dress. The finding of the majority of the members of the Disciplinary Committee shall be the finding of the Committee. The reason given in support of the finding may be given in the form of a judgment.
If there is a difference of opinion, any member dissenting shall be entitled to record his dissent giving his own reason. It shall be competent for the Disciplinary Committee to award such costs as it thinks fit. The Registrar of the Disciplinary Committee shall send, free of charge to each of the parties in the proceedings, a certified copy of the final order or judgment. The date of an Order made by the Disciplinary Committee shall be the date on which it is first received in the office of the Bar Council after all the members have signed it.
For the purpose of limitation, the date of the Order shall be the date on which the contents of the signed Order are communicated to the parties affected.
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Certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee. This is mandatory unless the Committee has directed otherwise. The Secretary of the Bar Council of India may call for further statements and particulars as he considers necessary. The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for these purposes and send them all to the records of proceedings that stand transferred.
The date of receipt of the complaint or the date of the initiation of the proceedings at the instance of the State Bar Council shall be the date on which the State Bar Council refers the case for disposal to its Disciplinary Committee. An application by a person interested in the withdrawal of a proceeding shall sign the same. It shall set out the necessary facts supported by an affidavit and accompanied by the fee prescribed.
For making an order on an application of a party or otherwise for withdrawal of an application, the Disciplinary Committee of the Bar Council of India may:.
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In the proceedings before the Disciplinary Committee of Bar Council of India, the parties may appear in person or by an advocate who shall file a vakalatnama. On consideration of the report of a State Bar Council or otherwise, the Disciplinary Committee of the Bar Council of India shall pass such orders as it considers proper. An appeal to the Council from the State Bar Council shall be in the form of a memorandum in writing. If the appeal is in a language other than English, it shall be accompanied by a translation in English.
In every appeal, all persons who were parties to the original proceedings alone, shall be impleaded as parties.
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In an appeal by the advocate against an order for misconduct, in case of death of the complainant, the legal representatives of the complainant shall be made parties. An appeal may be presented by the appellant or his advocate or by his recognised agent in the office of the Bar Council of India. It can also be sent by registered post, so as to reach the Secretary, Bar Council of India.
The appeal has to be presented on or before the last day of limitation. Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such a period. Any such application for condonation of delay shall be supported by an affidavit.
The memorandum of appeal shall contain necessary particulars as in Form G.
The memorandum of appeal shall state when the order was communicated to the appellant and how it is in time. The certified copy of the order appealed against, signed by the Registrar of the Disciplinary Committee,. If the papers filed in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time. The Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee or such other member authorised in this behalf by the Council shall have the power to allocate matters relating to the Disciplinary Committee.
Sometimes the Council allots a particular case to any one particular Disciplinary Committee. Any matter allotted to a particular Disciplinary Committee, which has not been heard, may be reallocated to a different Disciplinary Committee. The Chairman of any Disciplinary Committee shall have powers to issue interim orders on urgent matters which may be placed before him by the Registrar.
Subject to any resolution of the Bar Council of India relating to the places of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal. The appellant shall be required to file six typed sets of the papers properly paged and indexed, if there is only one respondent. In case of multiple respondents, as many more sets as there may be number of respondents, for the use of the Disciplinary Committee and by the other parties and for the record.
Where any of the above papers is in a language other than English, English translations thereof will be filed. The respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any part of the record on which he intends to rely.
He shall also file English translations of papers that are not in English. The Registrar shall give notices to the parties, informing them of the date, the time and the place of the hearing of the appeal.
A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal. No appeal filed against an order of punishment of an advocate shall be permitted to be withdrawn on account of settlement or compromise or adjustment of the claim against the advocate. Every appeal filed by or against an advocate shall abate on the death of the advocate so far as he is concerned. The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council.
The Registrar of the State Council concerned shall send along with the records a list containing particulars under the following columns and comply with such other directions as may be issued. An application for stay shall be made by the applicant with at least five copies of the application, and the affidavit and as many additional copies as there are respondents.
Where the application is not in English, five copies with translation in English shall also be filed. In every application for stay made to the Council, the applicant shall state if any application has been made to the State Council and the orders on the same. Before a matter is allotted to a Disciplinary Committee the registrar may obtain orders on applications for interim stay or other urgent applications from the Chairman of any of the Disciplinary Committees. The orders passed shall be communicated to the parties and to the Secretary of the Bar Council concerned.
The Bar Council of India. Procedure for complaints against advocates A complaint against an advocate has to be in the form of a petition. Every complaint shall be accompanied by the fees prescribed in the Bar Council of India Rules. Removal of Defects and Request for Particulars in a Complaint The Secretary of the Bar Council may require the complainant to pay the prescribed fees if the proper fee has not been paid. Withdrawal and Settlement of Complaints No matter taken up by the State Bar Council either suo motu or on a complaint made by other parties for misconduct of advocates shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or because the complainant does not want proceed with the enquiry.
Show Cause Notice Once the Bar Council has referred the complaint to a disciplinary committee, the Registrar should expeditiously send a notice to the advocate. Time of Enquiry The Chairman of the Disciplinary Committee will fix the date, hour, and place of the enquiry. Notices The notices shall, subject to necessary modification, be in Form Nos.
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Notice may also be sent for service through any Civil Court. Appearance and Witnesses Parties can appear in person or by an advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notices.
gelatocottage.sg/includes/2020-01-04/834.php Ex-parte Proceedings If, in an enquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee in spite of service of notice, the Committee may proceed ex-parte or direct fresh notice to be served. The provisions of Section 5 of the Limitation Act, shall apply to this sub-rule. Proceedings and Exhibits The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates.
On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee: The Disciplinary Committee of Bar Council of ………………… Exhibit No ………………………… Date of Document………………………… Produced by …………………………… Date ………………………………. Signature of …………….. The exhibits shall be marked as follows: — a. Mine has been in over a year nov. Western union should have been made to pay immediately! Can we get a exact time we will be get our money! Dear Ms. After being a victim I will like to make sure that I do not become a victim once again.
The information provided reads as follows:. Yours sincerely, James Robinson.
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