Meaning of 'other misconduct' in advocates act
Mehul Agal
(Querist) 23 April 2021
This query is : Resolved
can an advocate guilty of misconduct other than of professional nature like dowry be allowed to practice in court.
and can a person not having advocate client relationship be allowed to file complaint against an advocate under section 35 of Advocates Act,1961.
Pradipta Nath
(Expert) 23 April 2021
What are the material facts?
Dr J C Vashista
(Expert) 24 April 2021
Answer to both the questions is negative.
1. Allegation / charge / conviction for dowry do not constitute professional misconduct as prescribed under section 35 of Advocates Act, 1961;
2. The complainant has no locus standie to file complaint of misconduct against a lawyer since there is no contractual obligation with third person.
P. Venu
(Expert) 24 April 2021
What are the facts? What is the context?
