Bar council jurisdiction for complaint against advocate
Divya
(Querist) 20 February 2013
This query is : Resolved
Dear Experts
An advocate has indulged in gross misuse of power and position.
The said person has violated all provisions of CPC, Crpc & many other Apex Court guidelines and has even resorted to Contempt of Court by each time moving false and vexatious applications before a Court. In short this person has taken law In his/her hands.
No lawyer wants to take up my matter as most of the lawyers accept the other lawyer’s acts in the garb of power & authority. Hence I would be making an attempt to file proceedings alone.
My basic query : all offences by concerned in Thane court and within Thane jurisdiction but the advocate has lawyer registration no. as “MAH/…..”
1) Can I still proceed to complain to the Thane Bar council under the advocates act or do I need to contact the state bar council or do I need to keep the head bar council in copy if I initiate some proceedings at local bar council.
2) Also this concerned advocate has been appointed by a leading company , so should the company be kept in copy of these proceedings or they become liable under any sections to deploy such fraud advocates too?
Your help immensely needed.Please equally guide what further sections and other inputs from your respected side.
Thankyou
ajay sethi
(Expert) 20 February 2013
complain to stae bar council aginst said advocate . forward a copy of complaint to local bar council . not necessary to inform the company
Devajyoti Barman
(Expert) 20 February 2013
The complaint can be lodged only with such Bar Council which only the particular advocate is registered with.
R.K Nanda
(Expert) 20 February 2013
state specific facts.
Divya
(Querist) 20 February 2013
Dear Experts
Thankyou for the correct guidance....
IF against the same advocate criminal proceedings have been initiated (still not summoned as accused), do criminal proceedings prevent me from initiating a proceeding under "Section 35 of Advocates Act"...I think if any advocate does continuous wrongful acts, then nothing should restrict me to file various complaints before all judicial authorities.
Is there a specification which restricts the kind of complaint to be done against an advocate.??
R.K Nanda
(Expert) 20 February 2013
public need lawyers but why public is then
after lawyers?
Divya
(Querist) 20 February 2013
Hello Sir (Mr. Nanda)
We need lawyers and not criminals...If a lawyer violates laws, takes all laws in their hands, then they dont respect their profession & ethics....Why should public not stand against these lawyers.....This is the most respectable profession and if someone deviates in a big way, they have to be punished....If we promote such lawyers, we encourage our judicial system to be gone into wrong hands & what system are we promoting then????
R.K Nanda
(Expert) 20 February 2013
lawyers need good clients and not criminals.
Poonam Singhi
(Expert) 20 February 2013
Under section 35 of the advocates act a complaint to state bar council can be made against the advocate for professional or other misconduct (where he is enrolled).
In my opinion the same is independent of any pending cases against him since here the complaint is made to a council and not a court of law.
Raj Kumar Makkad
(Expert) 20 February 2013
Section 35 Advocates Ac is an independent remedy apart from any other pending case against the advocate before any court of law for the professional misconduct.
RAJU O.F.,
(Expert) 21 February 2013
If your complaint is genuine, you may prefer the same before Bar Council of Maharashtra.
