ARTICLE 151
Atish
(Querist) 14 February 2010
This query is : Resolved
Dear All,
I would like to know what does article 151 of our Indian Law say which refers to An Advocate not to represent the client as the Advocate is required as a witness in that case and has also been unethical in his profession by representing the spouse of his own client and now standing as an Advocate against his own client of 5 years.
I would appreciate if this could be explained to me in detail and I would appreciate if any commentaries and passed case laws applied in the recent past or past be scanned and mailed to me on keepinz@yahoo.com
Regards
Atish
Parveen Kr. Aggarwal
(Expert) 14 February 2010
Dear Atish
It is not Article 151 of our Indian Law (No statute in such name exists) but Rule 13 contained in Section II (Duty to the Client) of Chapter II (Standards of Professional Conduct and Etiquette)of Part VI (Rules Governing Advocates) framed by the Bar Council of India under Section 49 (1) (c) of the Act read with the Proviso thereto) which provides in the following manner:
"13. An advocate should not accept a brief or appear in a case in which he has reason to believe that he will be a witness, and if being engaged in a case, it becomes apparent that he is a witness on a material question of fact, he should not continue to appear as an Advocate if he can retire without jeopardising his client’s interests."
Atish
(Querist) 14 February 2010
Hello Parveen,
Has this judgement been announced or just a commentary. If yes then I would prefer a copy of it.
I am a layman so I would not understand your entire legal language, but sufficiently I will be able to follow what you are saying.
Kindly help.
Regards
Atish
Parveen Kr. Aggarwal
(Expert) 14 February 2010
What I have referred is not a Judgment but a provision of law. In a Judgment, a court just interprets any legal provision. The Parliament of the State Legislatures enact laws. The Advocates Act, 1961 enacted by the Indian Parliament is the main legal document regulating the practice and procedure of Advocates in India. This Act has authorised the Bar Council of India to frame appropriate regulations for implementation of the said Act. I have just referred one of the Regulations from that. You will have to read the Regulations framed by the Bar Council of India.
Raj Kumar Makkad
(Expert) 14 February 2010
I have nothing to add in the opinion of parveen.
