Adinath@Avinash Patil
10 October 2009 at 20:23
ADVOCATES ACT CASE LAWS----
1)ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT BY APRACTING ADVOCATE-APPELLANT A PRACTCING ADVOCATE WAS REPERESENTING THE OPPOSITE PARTY TO THE RESPONDENT-THAT THE CASE WAS DECIDED ON THE BASIS OF A COMPROMISE-AFTER THE DECISION OF THAT CASE THE APPELLANT/ADVOCATE TOOK A HAND LOAN OF RS.3000/- FROM THE RESPONDENT AND THE APPELLANT ALSO GAVE RESPONDENT A POST DATED CHEQUE AS A MEASURE OF PAMENT –BUT THE CHEQUE WAS BOUNCED-RESPONDENT THEN FILED APPLICATION AGAINST THE APPELLANT FOR PROFESSIONAL MISCONDUCT –THE APPELLANT WHILE TAKING A HAND LOAN WAS NOT ACTING AS AN ADVOCATE-HE WAS ACTING ONLY AS A NEEDY PERSON AND THE RESPONDENT AS A CREDITOR-HENCE THE APPELLANT CAN NOT BE GUILTY OF ANY PROFESSIONAL MISCONDUCT-FURTHER, BY ORDER OF THIS COURT THE APPELLANT HAD DEPOSITED RS.3000/- IN THE REGISTRY-HE IS LIABLE TO PAY RS.1000/- MORE AS A COST TO THE RESPONDENT –PUNISHMENT SET ASIDE AND COMPLAINT DISMISSED.
[1999 SAR [CIVIL] 119.]
2]
A] ADVOCATES ACT,1961-SEC-35-PROFESSIONAL MISCONDUCT OR OTHER MISCONDUCT ON THE PART OF ADVOCATE-SCOPE OF- RESPONDENT WAS EARLIER AN ADVOCATE-SELECTED AS A JUDICIAL MAGISTRATE-HE THEREFORE ,GOT HIS LICENCE TO PRACTISE SUSPENDED- AFTER SOME YEARS WHILE IN JUDICIAL SERVICE HE WAS PROSECUTED FOR TAKING OF BRIBE AND ULTIMATELY DISMISSED FROM SEVICE-HE THUS APPLIED TO BAR COUNCIL TO PERMIT HIM TO RESUME HIS PRACTICE AS AN ADVOCATE AND WAS ALLOWED- SOME OTHER ADVOCATES MADE COMPLAINT AGAINST HIM THAT HE WAS DISMISSED FOR OFFENCE OF BRIBERY HE SHOULD NOT ALLOWED TO PRACTCE AND ACTION BE TAKEN AGAINST HIM U/S 35 OF THE ACT FOR PROFESSIONAL MISCONDUCT – IT IS N OT THE CASE OF APPELLANTS THAT AFTER RESUMPTION OF PRACTICE RESPONDENT HAD COMMITED ANY MISSCONDUCT AS AN ADVOCATE- FOR HIS PAST DELIQUENCY HE WAS PUNISHED- PROFESSIONAL MISCONDUCT CANNOT BE COMMITTED BY ANY ONE WHO IS NOT PRACTISING THE PROFESSION OF LAW BEING AN ADVOCATE ON ROLL OF BAR COUNCIL-IN THE CIRCUMSTANCES OF THE CASE THE ORDER OF BAR COUNCIL OF INDIA THAT NO CASE OF PROFESSIONAL MISCONDUCT ON THE PART OF RESPONENT ADVOCATE IS PROVED UPHELD – APPEAL DISMISSED.
B] WORDS AND PHRASES- EXPRESSION “ OTHER MOSCONDUCT” IN SEC.35[1] OF ADVOCATES ACT,1961- MEANING AND SCOPE-DIFFERENCE BETWEEN “PROFESSIONAL MISCONDUCT” AND “OTHER MISCONDUCT”-“OTHER MISCONDUCT” WOULD INCLUDE MISCONDUCT COMMITTED BY ADVOCATE NOT IN HIS CAPACITY AS PROFESSIONAL BUT IS ANY OTHER CAPACITY.
[1999 SAR [CIVIL] 119.]
CASES REFFERED – AIR 1956 SC 102, AIR 1958 AP 209
3] LEGAL PRIFESSION – NATURE AND REQUIREMENTS OF- LEGAL PROFESSION IS A NOBEL ONE HAVING HIGH TRADIIONS-ANY MEMBER OF THE PROFESSION FALLING FROM SUCH STADARADS DESERVES PUNISHMENT COMMENSURATE WITH GRAVITY OF MISCONDUCT.
[1999 SAR [CIVIL] 354.]
4] ADVOCATES ACT,1961-SEC-44- ADVOCATE FOUND GUILTY OF PROFESSIONAL MISCONDUCT AND SUSPENDED FROM ORACTICE FOR 3 YEARS- SUCH ADVOCATE PRACTSING DYRING THE PERIOD OF SUSPENSION OF PRACTICE UNDER DIFFERENT NAME- BAR COUNCIL OF INDIA, ON APPEAL, BY COMPLAINT AWARDING PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS –GUILTY ADVOCATE PREFFERING REVIEW PETITION BEFORE B.C.I. OF SUSPENSION FOR 3 YEARS AND RESTORING ORDER OF ADMONITION PASSED BY STATE BAR COUNCIL-NOT SUSTAINABLE-PUNISHMENT OF SUSPENSION FROM PRACTICE FOR 3 YEARS RESTORED.
[1999 SAR [CIVIL] 472.]
Pankaj
10 October 2009 at 20:18
Abt 3 yrs ago i had booked a residential property with a builder. With the understanding that the (open/slit) parking would be provided. The agreement too contains this as one of the amneties that will provided (along with the others like intercom, waterpurifier..etc)
Now it has been abt 1 year that the pocession of the properties have been given. However in respect of the parkings the builder has sold (against cash) the parkings to a select few property owners. Allotment letters are not issued to the purchasers of the parking slots.
Please suggest what course of action i can take to ensure a parking slot
rucha
10 October 2009 at 19:41
partnership deed was unregistered in 2000 on a 500 rs.stamp paper .but now i wan to notarised it with the same stamp paper.can it be possible to notarised it with same document.
kamaljeet
10 October 2009 at 19:40
we wanted to sell our flat and an recipt
was issued to the party who wanted to purchase the flat he paid advance amt howerver dispute arised because of mode of payment. sale was to be completed od 30th but he filed sepecoific performance suit on
27th. case was start after one year. then we came to know that other party had made changes in the reciept altering the penalty cluse we brought this to the notice of the court but judge refused to listen on the ground that we have brought this to his notice very late and passed the order in other parties favour clearly
a biased deciesion can we lodge a complaint
against the said judge if yes to whome
beside filing the apeal to dbench
y
neeraj kumar
10 October 2009 at 19:12
dear sir/madam, i am neeraj kumar just want your expert opinion that my releative is having dispute with her wife in which the girl is at her father's house since last 6 and half year. she has also done dowery case(406-498) & we have also got dismissal of our divorce application from disst court & admitted to high court. the girl gives the statement that she wants to live together in the court & but does not say outside the court,and in this the boy is not willing to live with her. what should we do to have divorce.
J. P. Shah
10 October 2009 at 18:19
National Consumer Forum has decided on 28-05-2009 that applicant under RTI Act is a consumer and that non-supply of information amounts to deficiency in service, in following case:
REVISION PETITION NO. 1975 OF 2005
(Against the order dated 1.10.05 in Appeal No.244/04
of the State Commission, Karnataka)
Dr. S. P. Thirumala Rao Vs Municipal Commissioner
Mysore City Municipal Corporation.
I intend to file a Consumer Complaint based on this decision against Tamilnadu State Information Commission, Chennai, for inordinately delayed [310 days delay], defective, incomplete information to my RTI application and for not replying to first appeals, complaints and also another RTI application [which was filed to know status of earlier RTI application].
I have sent RTI applications from Junagadh [Guj] and TNSIC was supposed to supply me information at Junagadh only. I paid fee of Rs.10/- by demand draft from Junagadh.
Please let me know if Junagadh District Forum will have territorial jurisdiction under section 11.2.c of Consumer Protection Act 1986 based on cause of action or I will have to file at Chennai. My claim is for Rs.25000/- only.
Thanks
chandranil S Belvlakar
10 October 2009 at 17:50
Dear Experts,
Can any one provide me with penal consequences for not providing holiday on election day
Rishi Ahuja
10 October 2009 at 17:37
Respected sir,
I have filed a case of custody of my son and also asked for interim i.e vistation
Could please tell me the latest judgement or order over visitation of child till the case is not finalised. and when it is to be decisded.
with kind regards
Rishi Ahuja
10 October 2009 at 17:27
Respected sir,
I have filed a case of custody of my son and also asked die interim i.e vistation
Could please tell me the latest judgement or order over visitation of child till the case is not finalised. and when it is to be decisded.
with kind regards
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terminology
Sir plz tell me what is "kaviat" in a general language. Also clear what is SLP (which is recently filed by CG in Reliance case)