Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Disciplinary proceedings Advocates Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Advocates Act, 1961 (25 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Advocates Act, 1961 : Sections 2(1)(a), 2(1)(k), 2(1)(n), 6, 17, 26A, 35 - Disciplinary Proceedings under section 35 against practising Advocate - Charge of misconduct while acting as a Judge - Licence to practice surrendered - Name on the roll of the State Bar Council - Advocate not practising at the time of misconduct - No allegation of misconduct after resumption of practice - Held, Disciplinary jurisdiction under section 35 cannot be invoked for misconduct allegedly committed by a non-practising Advocate.S.35 - Disciplinary proceedings - Invocation of - When - Held, S. 35 can be invoked against a practising Advocate for professional or any other misconduct committed in his professional capacity. Bar Council of India Rules, 1975. Chapter III, Rule 5 - Practising Advocate ceases to practice - Licence to practice surrendered - Name continues on the roll of the State Bar Council - Held, cannot be said to be an Advocate practising under the Advocates Act, 1961. Rule 5 - Permission to resume practice - No disqualification incurred under section 24-A, Advocates Act - Held, non-practising Advocate cannot be refused permission to resume practice. Words & Phrases - 'Professional misconduct', 'Other misconduct', 'Practising Advocate', 'Non-practising Advocate' - Meaning of in the context of Advocates Act, 1961. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1999 INSC 40 |
Petitioner | Baldev Singh Dhingra And Others |
Respondent | Madan Lal Gupta And Others |
SCR | [1999] 1 S.C.R. 377 |
Judgement Date | 1999-02-04 |
Case Number | 2478 |
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