Tips on Advocates Act Page 1

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Purgery- The advocate punished for contempt of Court has to seek pardon from the Court concerned for the Act done by him on the ground that he really and genuinely repented and that he has resolved not to commit any such Act in future. Pravin c. shah v. K.A. Ali. 2001 (4) RCR (Cri.) 408 (SC): AIR 2001 SC 3041.

Misconduct- Intentional harassment of the witness by avoiding the cross examination byu excuses is professional misconduct. N.D. Datane v. Shrikant S. Shivde, 2001(4) RCR (Cri.) 491 (SC): AIR 2001 SC 2028.

Letter to client to arrange the money for bribing the judge. Licence cancelled. Sambhu Ram Yadav v Hanuman Das Khotey. JT 2001 (5) (SC) 618: AIR 2001 SC 2509.

A regular govt. employee can not remain on rolls of bar council . Satish K. Sharma v. The Bar Council . JT 2001 (1) (SC) 236: AIR 2001 SC 509.

Advocates Act- Strike by the advocates is illegal and unconstitutional. Client can sue for the damages due to the non-appearance of the advocate . Raman Services Pvt. Ltd. v. Subhash Kapoor, 2001 SCCC (Cri.) 3: JT 2000 (Suppl.2) (SC) 546: AIR 200 SC 207; Ex. Capt. Harish Uppal v. U.O.I, JT 2002 (10) (SC) 310 Const. Bench.

Arbitrater- An arbitrator is a court. Manohar lal v. Vinesh, 2001 SCC (Cri.) 1322:2001(2) Crimes 202 (SC): 2001 (2) RCR (Cri.) 475 (SC): AIR 2001 SC 1820: 2001 Cri. L. J. 2044.

Name of the advocate is not given in the list of the cases to be heard . notice should have been given to the counsel before marking his absence. Saheed Bhagat Singh Coop[. H.B. Society ltd. v. Improvement Trust Ludhiana, JT 2000 (9) (SC) 54: AIR 2002 SC 3589;

An advocate/Amicus Curiae advocate is a officer of the court. V. Venakata Rao v. Regional Transport Authority, 2(2000) ACC. 156 A. P.

Retention of files of the clients for non-payment of dues by the client is misconduct on the part of the advocate R.D. Saxena v. Balram Prasad Sharma, JT 2000 (9) (SC) 432: AIR 2000 SC 2912.

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