How to file a complaint against an advocate before the Bar Council of Karnataka

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    advtanmoy
    Keymaster

    A complaint against an advocate, on his professional misconduct, has to be filed before the Bar Council. The Bar Council of India has framed the rules regarding Professional Ethics, to be adopted by an Advocate, while discharging their duties as an Advocate, for their clients, courts and offices before whom they are representing their client. Public litigant who are going to file complaint before the Bar Council, are required to file the Complaint in a prescribed format accompanying with necessary affidavit and documents supporting their complaint with necessary fee in five sets, as prescribed by the Bar Council.

    [See the full post at: How to file a complaint against an advocate before the Bar Council of Karnataka]

    #116644 Reply
    advtanmoy
    Keymaster

    DISCIPLINARY PROCEEDINGS AND REVIEW

    CHAPTER I
    COMPLAINTS AGAINST ADVOCATES AND PROCEDURE TO BE FOLLOWED BY DISCIPLINARY COMMIITEES OF THE STATE BAR COUNCIL AND THE BAR COUNCIL OF INDIA
    (Rules under Section 49(1)(f) of the Act)

    A. Complaint and Enquiry under Sections 35, 36 and 36B of the Act
    1. (1) A complaint against an Advocate shall be in the form of a petition duly signed and verified as required under the Code of Civil Procedure, 1908. The complaint could be filed in English or in Hindi or in regional language where the latJ,guage has been declared to be a State language and in case the complaint is in Hindi or in any regional language, the State Bar Council shall translate the complaint in English whenever a disciplinary matter is sent to the Bar Council of India under the Advocates Act.
    Every complaint shall be accompanied by the fees as prescribed in the rules framed under Section 49(h) of the Act.
    (2) The Secretary of the Bar Council may require the complainant to pay the prescribed fees if not paid, to remove any defects and call for such particulars or copies of the complaint or other documents as may be considered necessary.

    (3) On a complaint being found to be in order, it shall be registered and placed before the Bar Council for such order as it may deem fit to pass.
    (4) No matter taken up by a State Bar Council suo motu or arising on a complaint made under Section 35 of the Act shall be dropped solely by reason of its having been withdrawn, settled or otherwise compromised, or that the complainant does not want to proceed with the enquiry.
    2. Before referring a complaint under section 35(1) of the Act to one of its Disciplinary Committees to be specified by it, the Bar Council may require a complainant to furnish within a time to be fixed by it, further and better particulars and may also call for comments from the Advocates complained against.
    3. (1) After a complaint has been referred to a Disciplinary Committee by the Bar Council, the Registrar shall expeditiously send a notice to the Advocate concerned requiring him to show cause within a specified date on the complaint made against him and to submit the statement of defence, documents and affidavits in support of such defence, and further informing him that in case of his non-appearance on the date of hearing fixed, the matter shall be heard and determined in his absence.
    Explanation: Appearance includes, unless otherwise directed, appearance by an Advocate or through duly authorised representative.
    (2) If the Disciplinary Committee requires or permits, a complainant may file a replication within such time as may be fixed by the Committee.
    4. The Chairman of the Disciplinary Committee shall fix the date, hour and place of the enquiry which shall not ordinarily be later than thirty days from the receipt of the reference. The Registrar shall give notice of such date, hour and place to the complainant or other person aggrieved, the advocate concerned and the Attorney General or the Additional Solicitor General of India, or the Advocate General as the case may be, and shall also serve on them copies of the complaint and such other documents mentioned in Rule 24 of this Chapter as the Chairman of the Committee may direct at least ten days before the date fixed for the enquiry.
    5. (1) The notices referred to in this Chapter shall subject to necessary modification, be in Form Nos. E-1 and E-2 be sent to the Advocates appearing for the parties. Notice to a party not appearing by the Advocate shall be sent to the address as furnished in the complaint or in the grounds of appeal. The cost of the notices shall be borne by the complainant unless the Disciplinary Committee otherwise directs.
    (2) The notices may be sent ordinarily through messenger or by registered post acknowledgement due, and served on the Advocate or the party concerned or his agent or other person as provided for in Order V of the Civil Procedure Code.
    (3) Notice may also, if so directed by the Committee be sent for service through any Civil Court as provided for under Section 42(3) of the Advocates Act.
    (4) Where the notice sent to any party cannot be served as aforesaid it may be served by affixing a copy thereof in some conspicuous plae in the office of the Bar Council, and also upon some conspicuous part of the house (if any) in which the party concerned is known to have last resided or had his office, or in such other manner as the Committee thinks fit. Such service shall be deemed to be sufficient service.
    (5) Payment of bills and/or charges for summons to witness etc. shall be in accordance with the rules under Section 49(h) of the Act.
    6. (1) The parties can appear in person or by an Advocate who should file a vakalatnama giving the name of the Bar Council in which he is enrolled, his residential address, telephone number if any, and his address for service of notice if any Senior Advocate is entitled to appear with another Advocate who has filed a vakalatnama.
    (2) The Bar Councilor its Disciplinary Committee may at any stage of a proceeding appoint an Advocate to appear as Amicus Curiae. Such Advocate may be paid such fee as the councilor the Committee may decide.
    (3) Excepting when the Committee has otherwise directed, service on the Advocate shall be deemed to be sufficient service on the parties concerned, even if copies of the notices are in addition sent to the parties, whether the parties have or have not been served.
    (4) Unless otherwise indicated, where more than one Advocate appears for the same party, it is sufficient to serve the notice on any of them.
    7. (1) If in an enquiry on a complaint received, either the complainant or the respondent does not appear before the Disciplinary Committee in spite of service of notice, the Committee may proceed ex-parte or direct fresh notice to be served.
    (2) Any such orde” for proceeding ex-parte may be set aside on sufficient cause being shown, when an application is made supported by an affidavit, within 60 days of the passing of the ex-parte order.
    Explanation: The provisions of Section 5 of the Limitation Act, 1963 shall apply to this sub-rule.
    8. (1) The Disciplinary Committee shall hear the Attorney General of the Additional Solicitor General of India or the Advocate General as the case may be or their Advocate, and parties or their Advocates, if they desire to be heard, and determine the matter on documents and affidavits unless it is of the opinion that it should be in the interest of justice to permit cross examination of the deponents of to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed.
    (2) On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee: The Disciplinary Committee of the Bar Council of Exhibit No Date of Document Produced by Date Signature of ………….
    (3) The exhibits shall be marked as follows:
    (a) Those of the complainant as C1, C2, etc.
    (b) Those of Respondents as R1, R2, etc.
    (c) Those of Disciplinary Committee as D1, D2, etc.
    (4) The Disciplinary Committee may at any stage direct the parties of their Advocates to furnish such further and better particulars as it considers necessary.
    9. (1) Evidence given before the Disciplinary Committee shall be recorded preferably in English by any member of the Committee or any other person authorised by the Committee. The evidence so recorded shall be signed by the Chairman, or if the Chairman is not there when the evidence is recorded, by any member of the Committee.
    (2) Whenever the record of a case decided by the State Bar Councilor its Disciplinary Committee in which evidence has been recorded in a language other than English is required to be sent to the Bar Council of India or its Disciplinary Committee, a translation there of in English made by a person nominated by the Committee Registrar certifying the same to be true copy shall also be sent.
    10. (1) Every Disciplinary Committee shall make a record of its day to day proceedings.
    (2) The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in order of date, all relevant information concerning the date of filing, the date for hearing and despatch and service of the notices on the parties of the Advocates or the Attorney General or the Additional Solicitor General or the Advocate General as the case may be, of statements of petitions filed and/ or the order thereon and of other proceedings in the matter before the Committee.
    11. (1) If in any enquiry pending before the Disciplinary Committee, the complainant dies and there is no representative who willing to conduct the case on his behalf the Disciplinary Committee may, having regard to the allegations made in the complaint and the evidence available, make a suitable order either to proceed with the enquiry or to drop it.
    (2) (a) In the case of an enquiry against only one Advocate, on his death the Disciplinary Committee shall record the fact of such death and drop the proceedings.
    (b) Where the enquiry is against more than one Advocates, on the death of one of them, the Disciplinary Committee may continue the enquiry against the other Advocates unless it decides otherwise.
    (3) No Disciplinary enquiry shall be dropped solely by reason of its having been withdrawn, settled of otherwise compromised, or that the complainant does not want to proceed with the enquiry.
    12. Unless otherwise permitted, counsel appearing before any of the Disciplinary Committee of the State Bar Council or Bar Council of India shall appear in court dress.
    13. The Council may from time to time issue instructions on any of the matters provided for in these rules.
    14. (1) The finding of the majority of the members of the Disciplinary Committee shall be the finding of the Committee. The reason given in support of the finding may be given in the form of a judgement, and in the case of a difference of opinion, any member dissenting shall be entitled to record his dissent giving his own reason. It shall be competent for the Disciplinary Committee to award such costs as it thinks fit.
    (2) The Registrar of the Disciplinary Committee shall send free of charge to each of the parties in the proceedings, a certified copy of the final order of judgement as set out in Rule 36 in this Chapter.
    (3) The date of an Order made by the Disciplinary Committee shall be the date on which the said Order is first received in the office of the Bar Council after it has been signed by all the members thereof. For the purpose of limitation the date of the Order shall be the date on which the contents of the Order duly signed as aforesaid are communicated to the parties affected thereby.
    15. Save as otherwise directed by the Disciplinary Committee or the Chairman thereof, certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee. .
    16. (1) The Secretary of a State Bar Council shall send to the Secretary of the Bar Council of India quarterly statements of the complaints received and the stage of the proceedings before the State Bar Council and Disciplinary Committees in such manner as may be specified from time to time. ‘
    (2) The Secretary of the Bar Council of India may however call for such further statement and particulars as he considers necessary.

    1. (1) The Secretary of every State Bar Council shall furnish such particulars and send such statements as may be considered necessary by the Secretary of the Bar Council of India for purposes of Section 36B of the Act and send all the records of proceedings that stand transferred under the said Section.

    (2) The date of receipt of the complaint of the date of the initiation of the proceedings at the instance of the State Bar Council shall be the date on which the State Bar Council refers the case for disposal to its Disciplinary Committee under section 35(1).
    (3) Whenever the records of proceedings are transferred under Section 36B of the Act to the Council, the requirements in Rule 9(2) of this Chapter shall be followed by the Disciplinary Committee of the State Bar Council.
    B. Withdrawal of Proceedings under Section 36 of the Act
    18. (1) Where a State Bar Council makes a report referred to in Section 36(2) of the Act, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India all the records of the proceedings along with the report.
    (2) An application by a person interested in the withdrawal of a proceeding referred to in Section 36 (2) of the Act, shall be signed by him and it shall set out the necessary facts supported by an affidavit and accompanied by the fee prescribed.
    (3) For making an order on an application of a party or otherwise under Section 36(2) of the Act, the Disciplinary Committee of the Bar Council of India may:
    (a) call for a Report of the Disciplinary Committee seized of the proceeding;
    (b) issue notice to the respondent;
    (c) require the parties to file such statements as it considers necessary;
    (d) call for the records of the proceedings; and
    (e) examine any witnesses;
    (4) In the proceedings before the Disciplinary Committee of the Bar Council of India under Section 36, unless otherwise directed, the parties may appear in person or by Advocate who shall file a vakalatnama as provided for under Rule 6(1) in this Chapter.
    (5) As a consideration of the Report of a State councils or otherwise the Disciplinary Committee of the Bar Council of India shall pass such orders as it considers proper.
    C. Appeal to the Bar Council of India under Section 37 of the Act
    19. (1) An appeal to the Council provided for under Section 37 of the Act, shall be in the form of a memorandum in writing as set out in Rule 21 in this Chapter. If the appeal is in a language other than English, it shall be accompanied by a translation thereof in English.
    (2) In every appeal filed under Section 37(1) of the Act, all persons who were parties to the original proceedings shall alone be impleaded as parties.
    (3) Save as otherwise directed by the Disciplinary Committee of the Council, in an appeal by the Advocate against an order under Section 35, in case of death of the complainant the legal representatives of the complainant shall be made parties.
    20. (1) An appeal may be presented by the appellant or his Advocate or by his recognised agent in the office of the Bar Council of India, or sent by registered post with acknowledgement due so as to reach the Secretary, Bar Council of India on or before the last day of limitation.
    (2) Any appeal may be admitted after the period of limitation if the appellant satisfies the Disciplinary Committee that he has sufficient cause for not preferring the appeal within such period. Any such application for condonation of delay shall be supported by an affidavit.
    21. (1) The memorandum of appeal referred to in Rule 19(1) of this Chapter shall contain necessary particulars as in the Form G. The memorandum of appeal shall state when the order was communicated to the applicant, and how it is in time.
    (2) Along with the memorandum of appeal, the appellant shall file:

    (e) either the authenticated or the certified copy of the order appealed against, signed by the Register of Disciplinary Committee, and
    (b) five additional copies of the memorandum of appeal and of the order appealed against, if there is only one respondent; if there is more than one Respondent, such number of additional copies as may be necessary. All copies shall be certified as true copies by the appellant of by his counsel.
    (3) Every memorandum of appeal shall be accompanied by the prescribed fees in cash. In case the memo is sent by post, it shall be accompanied by the M.a. Receipt issued by the Post Office.
    (4) If the papers filled in an appeal are not in order, the Registrar shall require the appellant to remove such defects within a specified time.
    22. (1) Subject to the provisions contained in Rule 29(2) in this chapter, the Chairman of the Executive Committee or in his absence the Vice-Chairman of the Executive Committee or such other member authorised in this behalf by the Council shall have the power to allocate matters relating to the Disciplinary Committee, save when any such case has been allotted by the Council to any particular Disciplinary Committee.
    (2) Any matter allotted to a particular Disciplinary Committee which has not been heard may be reallocated to a different Disciplinary Committee.
    (3) Not with standing the provisions of Rule 30 in this Part the Chairman of any Disciplinary Committee shall have powers to issue interim orders on urgent matters which may be placed before him by the Registrar.
    23. Subject to any resolution of the Bar Council of India, in this behalf relating to the place of hearing, the Chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the appeal.
    24. (1) The appellant shall be required to file six typed sets of the following papers properly paged and indexed if there is only one respondent, and as many more sets as there may be additional respondents for the use of the Disciplinary Committee and by the other parties and for the record:
    (a) the complaint, statement in the defence of the Advocate,
    (b) the evidence oral and documentary and such other papers on which parties intend to rely.
    (c) any other part of the record as may be directed by the Committee.
    Where any of the above papers is in a language other than English, English translations thereof shall be filed.
    (2) The Respondent shall, if he so desires, or if so called upon, file six sets of typed papers of any part of the record on which he intends to rely. He shall also file English translations of such papers as are not in English.
    25. The Registrar shall give notices to the parties or their Advocates or their recognised agents informing them of the date, time and the place of the hearing of the appeal.
    A copy of the memorandum of appeal shall be sent to the respondent along with the notice of the appeal.
    26. (1) No appeal filed under Section 37 of the Act against an order of punishment of an Advocate shall be permitted to be withdrawn on account of settlement or compromise or adjustment of the claim against the advocate.
    (2) Every appeal filed under Section 37 of the Act by or against an Advocate shall abate on the death of the Advocate so far as he is concerned.
    27. In regard to appearance of a party in appeal, Rule 6 of this chapter will apply.

    1. (1) The Registrar shall issue notice to the State Council concerned for the complete records to be sent to the Council.

    (2) The Registrar of the State Council concerned shall send along with the records a list containing particulars under the following columns, and comply with such other directions as may be issued.

    Serial No. of Document
    Date of Document
    Description of Document

    D. Application for Stay, and other matters

    1. (1) An application for stay made under Section 40, sub-section (1) or (2) of the Act shall be accompanied by an affidavit and the fees, if any prescribed by the rules of the Council made under section 19(h) of the Act. Where the affidavit is not in English, a translation there of in English shall be filed. The applicant shall file with his application at least five copies of the application, and the affidavit and as many additional copies there of as there are respondents. Where the application is not in English five copies with translation there of in English shall also be filed.

    In every application for stay made to the Council, the applicant shall state if any application has been made to the State Council, and the orders there on.

    (2) Before a matter is allotted to a Disciplinary Committee under Rule 22 above, the Register may obtain orders on applications for intering stay or other urgent appli­cations from the Chairman of any of the Disciplinary Committees.

    The orders passed under this sub-rule shall be communicated to the parties and to the Secretary of the Bar Council concerned.

    1. After allotment of a case under Rule 22 in this Chapter to a Disciplinary Committee, the Register may obtain its orders on any matter of an emergent nature arising there in, by circulation.

    30A. The Disciplinary Committee of the Bar Council of India shall exercise all the powers exercised by the Civil Court or Court of Appeal under c.P.c.

    1. The order of the Disciplinary Committee disposing of an appeal shall be communicated to the parties. The date on which the said order is first received in the office of the Council after it has been signed by all the members there of.

    E. Rules applicable to all proceedings before the Disciplinary Committee of the State Bar Councils and the Bar Council of India

    1. The Rules in this Chapter so far as may be shall apply to all proceedings of the Disciplinary Committee of State Bar Councils or of the Bar Council of India. Proceedings to be in camera.
    2. All the proceedings before the Disciplinary Committee shall be held in camera.
      Inspection of records and copies

    3. (1) Save as otherwise directed by the Disciplinary Committee of the Chairman there of, inspection of any of the records in any proceeding before the Disciplinary Committee may be permitted to the parties or their Advocates on presentation of an application duly signed by the applicant or his Advocate and on payment of the prescribed fee on any working day except during the summer or other vacations of the Supreme Court

    (2) An application for inspection shall be made to the Register of the Disciplinary Committee. The Register of the Disciplinary Committee may permit the inspection in his presence or in the presence of any member of the staff authorised by him.
    The person inspecting shall not be entitled to make copies of the record of which inspection is granted. He shall, however, be permitted to make short notes in pencil.
    (3) Save as otherwise directed by the Disciplinary Committee or the Chairman, there of, certified copies of the records of a case pending before the Disciplinary Committee may be granted to the parties or to their counsel on an application made in that behalf and on payment of the prescribed fee.
    (4) A copy of a final judgement in a decided case may be given to any person applying for the same on payment of the prescribed fee there for, provided however that the name of the Advocate against whom the proceedings were taken shall be omitted.
    Order awarding Costs: Decretal Order
    35. (1) All orders where costs are awarded in disciplinary proceedings shall specify the amount of costs awarded and also state the party against whom the order is made, and the time within which the amount is payable. I
    (2) As soon as possible after the order is made by the Disciplinary Committee, in respect of every order where costs are awarded to any of the parties, a decredl order shall be drawn up as in Form J-1/J-2 at the end of this Chapter signed by the Secretary of the State Bar Council or the Council as the case may be, as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council or the Council as the case may be.
    (3) The Decretal Order aforesaid shall be furnished to any party to the proceeding on application made therefor, and on payment of the charges prescribed under the rules.
    Copies of Final Orders
    36. The Secretary of the State Bar Council of the Bar Council of India as the case may be, shall send to each of the parties in the proceedings, a certified copy of the final order made under section 35,36, 36B or 37 signed by him as Registrar of the Disciplinary Committee and bearing the seal of the State Bar Council/Bar Council of India as the case may be. No charges shall be payable on the copies so sent. Charges as prescribed under the rules shall however be payable for all additional copies of the said order applied for.

    FORM E-1
    (Under Rule 5 in Chapter I, Part VII)
    Notice of hearing 6f Complaint under Section 35/36 of BAR COUNCIL OF INDIA RULES, 1975 and Rule 5, Chapter I, Part VII of the Rules of the Bar Council of India.
    Before the Disciplinary Committee of the Bar Councils of ……………………..
    D.C. Enquiry No. 19….
    …… Complainant/s (With Address)Versus
    Respondent/s (With Address)
    WHEREAS a complaint dated against respondent/ s, a copy of which is sent herewith has been referred for disposal to the above Committee of the Bar Council under Section 35/36 oftheAdvocates Act, 1961 and the Disciplinary Committee has fixed (time) on (date) for the hearing of the case at (place) in accordance with the procedure prescribed under the relevant rules of the Council. The Respondent may submit his statement of defence together with any documents or affidavits in support of his defence within days from the date of this notice. The respondent shall send one copy of his statement of defence to the complainant and one

    copy to the Advocate-General direct under registered A.D. cover. The complainat it may be entitled to file a reply to the statement of defence together with such documents of which he proposes to rely in support there of within days.
    The parties above-named are required to appear in person or through Advocate before the said Committee on the said date, time and place or any other date or dates and place to which the matter may be admitted. It shall be open to the parties to examine the witnesses that may be permitted before the Disciplinary Committee.
    If on any date of hearing any party is absent, the hearing will proceed ex-parte against him.
    is required to file copies of to the Register , Disciplinary Committee, Bar Council of , on or before ………………. Dated this the day of the month ” 19 By Order Registrar Disciplinary Committee Bar Council of ….

    FORM E-2
    The Disciplinary Committee of the Bar Council of India
    (Notice of hearing under Rule 5 in Chapter I, Part VII of the Rules of the Bar Council of India)
    (Subject to necessary modifications)
    DLC/D/ /19
    In the Matter of
    No. on the file of the Disciplinary Committee of the Bar Council of
    (B.c.!. Tr. Case No./19)
    Complainant(s )

    Vs.
    Respondent(s)Notice under Section 36B read with Sections 35 and 36 (2) of the Advocates Act and the Rules made there under

    WHEREAS the proceedings between the parties above referred to before the Disciplinary Committee of the Bar Council of stand transferred to the Bar Council of India under Section 36B of BAR COUNCIL OF INDIA RULES, 1975, and the records in the same have been received by the Bar Council of India for disposal by the Disciplinary Committee of the Bar Council of India as provided for the said Section 36B read with Section 36A and the other provisions of the Act and the Rules of the Bar Council of India in this behalf.
    The parties in the above proceedings will take notice that the hearing in the same has been fixed:
    At (place)
    For (date and time)
    The Disciplinary Committee will continue the proceedings from the stage at which it was so left by the Disciplinary Committee of the Bar Council of…………………. and will hear arguments on the evidence, oral and documentary already on record.
    The parties are required to be ready with all their evidence; oral and documentary and for arguments.
    The parties above named are required to appear in person or through Advocate or through duly authorised agents before the said Committee on the said date, time and place or any other date or dates and place to which the matter may be adjourned.

    In view of the pendency of these proceedings for a long time and its automatic transfer to the Bar Council of India under Section 36(3) of the Advocates Act, the hearing will be pre-emptory and no adjournment may be granted.
    If the parties fail to appear in person or by Advocate or to comply with the other requirements of this notice, the Committee will proceed ex-parte or make such other orders as it may deem fit.
    The parties engaging any counsel may send their Vakalatnama duly signed by the counsel giving the address of the Advocate for the purpose of future communication.
    Please note that notice of the hearing sent to the Advocate will be sufficient notice to the party even if a copy of the notice is sent to any of the parties.
    Registrar, Disciplinary Committee of the Bar Council of India

    Copy to:
    The Attorney General of India,
    New Delhi.

     

    FORM F
    (Under Rule 4 in Chapter I, Part VII)
    (Subject to necessary modifications)
    From:
    The Secretary
    Bar Council of …………..

    To

    The Attorney General!
    Additional Solicitor General of India/ Advocate General
    ……………………

    Notice under Section 35(2)/36(3) of BAR COUNCIL OF INDIA RULES, 1975

    Sir,
    Please find enclosed copy of a notice dated issued under section 35(2)/36(3) of BAR COUNCIL OF INDIA RULES, 1975 for the hearing of a case before the Disciplinary Committee of the Bar Council of …..
    Registrar, Disciplinary Committee, Bar Council of …
    Date:
    Place:FORM G
    MEMORANDUM OF APPEAL
    (Under Rule 21 in Chapter I, Part VII of the Rules of the Bar Council of India)
    (Subject to necessary modification)
    BEFORE THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA
    Under Section 37 of BAR COUNCIL OF INDIA RULES, 1975
    D.C. APPEAL NO./19 …..
    ……….Appellant
    Versus
    ………..Respondent

    1. (a) Appellant son of (residing at)
      Age (to be filled in) ……………….
      (to be filled up if the vakalatnama is filled by the Advocate)
      The appellant appears by Advocate Shri Roll No enrolled in the Bar Council of The Address for the service of Appellant is that
      of his advocate …………………………
      (b) Respondent (s) (I) …………………..
      S / 0……………………………………………….
      residing at ……………………………
    2. The appellant files. this appeal against the Order dated in case No. of the Disciplinary Committee of the Bar Council of …………………..
    3. The Complaint against the advocate, who is the Appellant/Respondent in this appeal was filed on in the Bar Council of ………………….
      The Bar Council referred the Complaint for enquiry to its Disciplinary Committee on The Disciplinary Committee of the Bar Council to which the matter was referred has dismissed the complaint/made an Order for punishment against the advocate, reprimanding him/ suspending him/ removing his name.
    4. The Committee has passed no Order for costs/ also passed an order for costs of Rs. payable by to ……………
    5. The Order of the Disciplinary Committee will come into operation w.eJ
      …………
    6. The appellant has made no application to the Disciplinary Committee of the State Bar Council of The appellant has made an application before the Disciplinary Committee of the State Bar Council of on which has made an Order for stay upto /which has dismissed the application for stay.
    7. Six copies of the Order of the Disciplinary Committee of the State Bar Council on the Stay Application are filed with this appeal.
      The order of the Disciplinary Committee of the Bar Council of was received/ communicated to the applicant on ………………..
      The appeal is in time/(Not in time).
      The appeal is filed after the period of limitation and application for condonation of delay supported by an affidavit is filed herewith.
      The appellant has paid Rs. 100/- fee for the appeal on in cash/is paying Rs. 100/-……….
      The appellant files this appeal for the following amongst other grounds:
      1 , 2 ,3 , etc.
      Appellant/ Advocate for Appellant.
      Place:
      Date:
      Enclosures: 1. Certified copy of the Order complained against with 5 extra copies.
    8. Memo of grounds of appeal with 5 extra copies.
    9. Application, if any, for stay with 5 extra copies.
    10. Affidavit in suppQrt of application for stay with 5 extra copies.

    FORM H
    (Under Rule 25 in Chapter I, Part Vll)
    (Subject to necessary modifications)
    Before the Disciplinary Committee ( ) of the Bar Council of India
    D.C. Appeal No. /19
    against
    Order of the Disciplinary Committee of Bar Council of Dated in Case/Complaint No. In the matter of Shri Advocate ……………

    Appellant (s)
    Versus
    …………..Respondent(s)
    Notice of Appeal under Section 37 of BAR COUNCIL OF INDIA RULES, 1975 and intimation of the date of hearing.

    WHEREAS an appeal has been filed by the applicant above named against the Order of the Disciplinary Committee of the State Bar Council of in Case/Com plaint No dated ………
    The parties to the appeal will please take notice that the hearing of the above appeal before the said Committee has been fixed for the at (Place) ………… at……………
    If any of the parties to the appeal fail to appear in person or through advocate on the date of the hearing or any date on which it may be adjourned, the matter will be proceeded with ex-parte.
    Please also take notice that stay of the operation of the Order filed against has been granted by Order of the Disciplinary Committee dated ………… New Delhi
    Registrar,
    Disciplinary Committee,
    Bar Council of India.Note: One copy of the grounds of appeal is sent to each of the respondents.
    FORM I
    (Under Rule 29, Clu2pter I, Part VII)
    (Subject to necessary modifications)
    Disciplinary Committee (………) o~ the Bar Council of India
    …………………(Chairman)
    ………………………..
    ………………………..
    Miscellaneous Petitiol1 No. (Stay)
    IN
    D.C. Appeal No. …….Appellant(s)
    Vs.
    Respondent(s)

    Dated the ……………….
    Petition for stay and suspension of the operation of Order of the Disciplinary Committee of the Bar Council of in Case/Complaint No dated ………….. suspending the petitioner from practice under Section 35(3) of BAR COUNCIL OF INDIA RULES, 1975 for a period of.. pending the disposal of the appeal filed against the said Order.

    ORDER
    The operation of the order of the Disciplinary Committee of the Bar Council of ……dated…… in Case/Complaint No is stayed.
    By Order
    Registrar,
    Disciplinary Committee of the Bar Council of India.FORMJ-1
    (Under Rule 35(2) Chapter I, Part VII)
    BEFORE THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF……………… ORIGINAL JURISDICTION (To be added in matter before the
    Bar Council of India)
    Complaint/Case No 19…………
    (On a complaint made by Shri (address)
    …………………Complainant(s)(Name and Address)
    Vs.
    …………Respondent(s)(Name&Address)
    19 (Date)
    Present

    Shri………………….(Chairman)

    Shri……………………(Member)

    Shri…………………….(Member)

    For the Complainant: Shri………………….. , Advocate in/person

    For the Respondent:Shri……………………,Advocate in/person

    The Case above mentioned being called on for hearing before the Disciplinary

    Committee of the Bar Council of………………………………on the………………………day of …………….

    19……………………., UPON hearing Advocate for the Complainant/ the Complainant in person

    AND Advocate for the Respondent (Respondent in person)/Respondent not appearing either in person or through Counsel though served;the Disciplinary Committee of the

    Bar Council of…………….determining (state the gist of the punishment) OOTH ORDER:

    That the Complaint/Case be and the same is here by dismissed/ allowed.

    That there shall be no order as to costs;

    That the Complainant/Respondent do pay to the Respondent/Complainant

    here in the sum of Rs…………./ – (Rupees…………………. (in words) being the costs incurred in the Bar

    Council of…………….with in……………………….month from the date of this order;

    That this Order be punctually observed and carried into execution by all con’cemed;

    WITNESS Shri………………………………. Chairman of the Disciplinary Committee of the Bar

    Council of……………….at………………this the………………..day of……………….. 19………….

    Register,

    Disciplinary Committee of the Bar Council of …………

    FORMJ-2

    (Under Rule 35(2) in Chapter I,Part VII)

    The Disciplinary Committee of the Bar Council of India D.C. Appeal No………………..of 19…………….

    (On appeal from the Order dated the………………… day of 19…………. of the Bar Council of……….. in Case No……… of 19 ……………………)
    ………………………………………Appellant(s)

    (Name & address)
    Versus

    ……………………………………….Respondent(s)

    (Name & address)…………………………………………………………………………………………………………………………………………………………… (date)

    Present

    Shri………………….(Chairman)

    Shri…………………….(Member)

    Shri…………………….(Member)

    For the Complainant:Shri………………….., Advocate in/person

    For the Respondent:Shri…………………… ,Advocate in/person

    The Case above mentioned being called on for hearing before the Disciplinary

    Committee of the Bar Council of………………………………on the……………………….day of …………….

    19……………………., UPON hearing Advocate for the Complainant/ the Complainant in person

    AND Advocate for the Respondent (Respondent in person) /Respondent not appearing either in person or through Counsel though served; the Disciplinary Committee of the

    Bar Council of…………….determining (state the gist of the punishment) OOTH ORDER:

    That the Complaint/Case be and the same is hereby dismissed/ allowed.

    That there shall be no order as to costs;

    That the Complainant/Respondent do pay to the Respondent/Complainant

    here in the sum of Rs…………. / – (Rupees…………………. (in words) being the costs incurred in the Bar

    Council of…………….within………………………. month from the date of this order;.

    That this Order be punctually observed and carried into execution by all con’cemed

    WITNESS Shri……………………………….Chairman of the Disciplinary Committee of the Bar

    Council of………………. at……………… this the……………….. day of……………….. 19 ………….

    Register

    Disciplinary Committee of the Bar Council of …………

    FORMJ-2

    (Under Rule 35(2) in Chapter I,Part VII)

    The Disciplinary Committee of the Bar Council of India

    D.C. Appeal No………………..of 19…………….

    Register,

    Disciplinary Committee of Bar Council of India

    CHAPTER II

    REVIEW UNDER SECTION 44 OF THE ACT

    1. An application for Review under Section 44 of the Act shall be in the form of a petition duly signed and supported by an affidavit accompanied by the prescribed fee and filed within 60 days from the date of the Order sought to be reviewed.

    2.Every such application shall be accompanied by :

    (a) certified copy of the Order complained of,

    .(b) five additional copies of the application, affidavit and the order, and

    (c) if there are more respondents than one, as many additional true copies as may be necessary.

    1. Every such application shall set out the grounds on which the Review is sought and shall further state whether any proceeding in respect there of was filed and is still pending or the result thereof as the case may be.
  • If a Disciplinary Committee of Bar Council does not summarily reject the application under Section 44 of the Act, or wishes to exercise its powers under Section 44 suo motu, the Secretary of a Bar Council shall issue as nearly as may be in the Form K at the end of this Chapter, notice to the parties and to the Advocate-General concerned or the Additional Solicitor-General of India in the case of the Bar Council of Delhi.

  • (1) If after the hearing referred to in Rule 4, the Disciplinary Committee of a State Bar Council does not dismiss the application, and decides that the application for review should be allowed, the copy of the Order along with the relevant record shall be sent to the Bar Council of India for approval.

  • (2) If the Bar Council of India approves the order of the Bar Council the Disciplin­ary Committee of the State Bar Council shall communicate the Order to the parties, if the Bar Council of India does not approve it, the Disciplinary Committee of the State Bar Council shall make its order dismissing the application and inform the parties.

    1. The decision of the Disciplinary Committee of the Bar Council of India on an

    application for Review of its Order shall be communicated to the parties.

    1. In the proceedings under this Chapter, unless the Disciplinary Committee of the

    State Bar Council or the Bar Council of India, as the case may be, otherwise decides, the parties may appear by the Advocate who shall file a vakalatnama signed by the party.

     

#116645 Reply
advtanmoy
Keymaster

FORM K

NOTICE UNDER SECTION 44 OF THE ADVOCATES ACT, READ WITH RULE 4 IN CHAPTER il, PART vn OF THE RULES OF THE BAR COUNCIL OF INDIA

(Subject to necessary modifications)

THE BAR COUNCIL OF ………………………………………………………… ……………………………………………………….

REVIEW APPUCATION…………………… /19 ………………………………………………………….. …………………………..

…………………………………………………………………….Petitioner / s

Versus

………………………………………………………………….. ………………………………………………………………….Respondent/s

WHEREAS on the application of………………………………………………….. /suo motu the Disciplinary Committee

of the Bar Council of……………………………………………. having considered that there are prima facie grounds for

Review of the Order made in Case No.

…………………….19…………….. on …………

The Respondent is informed that the said application will be heard by the Disciplinary ­

Committee of the Council of…………….on………….19…………….. at (time)………….(place)

…………….. and that if the Respondent does not appear in person or through his advocate on

the said date or on such other date to which the hearing may be adjourned, the matter

will be heard and disposed of in his absence.

Date this…………… day of…………. 19 ………….

Office of the Bar Council of ……….

Register


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