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Ravi Chaturvedi (AM Logistics)     22 April 2017

Judgement

Hi,

Can a family court pass a judgement during advocates strike. Will it be constitutional.



Learning

 1 Replies

srishti jain   22 July 2021

As per your query, advocates are bound to maintain rules on professional conduct and etiquettes, which have been, laid down in chapter II part IV of the bar council of India Rules. Under this section, the advocates are abode by certain duties towards the court and their client.

In Roman Services Pvt Ltd v Subhash Kapoor, the question was when a lawyer goes for a strike call made by the association and boycotted the Court proceeding, whether his litigant should suffer a penalty. It was held by the Court that when an advocate involves himself in strike there is no obligation on the part of the Court to either wait or adjourn the case on that ground.  Advocate has no right to boycott court proceedings on the ground, that they have decided to go on a strike.

In B.L.Wadhera v State, the court held that if on the ground of strike a lawyer abstains from appearing in court then he is conducting professional misconduct, a breach of contract, breach of trust, and breach of professional duty.

Hope it helps,

Regards,

Srishti


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