Tips on Advocates Act Page 2

  • Third person an on advocate can represent a party without being general power of attorney of the party with the prior permission of the Court which has to be obtained by the party and not by the third person. Mathai v. Principal Distt. & Sessions Judge, 1999 (2) RCR (Cri.) 1 Kerala 1999 (2) RCR (Cri.) 373 (SC).
  • Merely ownership of taxi in his name of an advocate is not sufficient without his personal engagement in business. P.K. Sharma v. Gurdial Singh, AIR 1999 SC 98.
  • Supreme Court Rules for the allotment of the chambers of the advocates, Vinay Balchandra Joshi v. Registrar General , supreme Court of India, AIR 1999 SC 107.
  • The disciplinary committee cannot dealt with the matter of an Advocate who was treasurer of some society and the allegation was of no-accounting . Bapurao Pkhiddey v. Suman doudey, JT 1999 (1) (SC) 273 : AIR 1999 SC 916.
  • Advocates Act will not be applicable on an advocate during the period of the suspension of his licence . Baldev Singh Dhingra v. madan Lal gupta, 1999 SCC (Cri,) 317: AIR 1999 SC 902;
  • The accused who is an advocate can represent his co-accused in the capacity of the advocate in a criminal case till the licence of the accused advocate is in existence 2(1997) CCR 536 : AIR 1980 Orissa 143.
  • Action taken by the disciplinary committee of the Bar Council of India is to be challenged in Supreme court U/S. 38 of the Advocate Act and order 5 of the Supreme Court rules, 1966. 1997 (2) supreme 294.
  • Identification of a person by an advocate of a person in good faith without any personal benefit is no offence under the Indian Penal Code.
  • Mensrea is a must. Balbir Singh v. State of Punjab, 1994 (3) RCR 486 (P&H): 1994 CC Case 231: 1994 (2) CCI 749: 1995 (1) CC Case 97 HC. Balbir Singh v. State of Punjab , 1984 cri. L.J. 421.
  • Fees charged by the advocate but suit not field . It amounts to misappropriation of amount. D.S. Dalal v. State Bank of India , 1993 (2) RRR 116: AIR 1993 SC 1608.
  • Misconduct – Appearance of another counsel in the case without obtaining the permission of the counsel already engaged by the client . it is misconduct on the part or the advocate appearing afresh. Giri Raj Parshad Sharma v. Rajasthan Uni. 1987 civil Court Cases 37.

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