SENIOR ADVOCATE.

A Senior Advocate is a distinguished advocate in India who has been recognized for their exceptional
knowledge, experience, and contributions to the legal profession. Senior Advocates are granted special
privileges and recognized for their expertise in specific areas of law. The designation of Senior
Advocate is not an automatic promotion, but rather a title given to advocates who meet specific criteria
set by the Supreme Court of India or High Courts.The designation of Senior Advocate is governed by
the Advocates Act, 1961 and the Rules framed by the Bar Council of India (BCI). The rules regarding
the designation of Senior Advocates are also outlined by the respective High Courts and the Supreme
Court.

Advocate on Record (AOR).

An Advocate on Record (AOR) is a specific type of advocate in India who is entitled to practice before
the Supreme Court of India. The role of an Advocate on Record is significant because they are the only
lawyers authorized to file legal documents and pleadings in the Supreme Court. This status provides the
advocate with special privileges and responsibilities. The concept and criteria of an Advocate on
Record are governed by the Supreme Court Rules, 2013, and it is distinct from regular advocates or
Senior Advocates.An Advocate on Record is a lawyer who has been enrolled with the Supreme Court
of India and is recognized as authorized to represent clients in the Supreme Court. This advocate is
permitted to file petitions, appear in hearings, and sign pleadings before the highest court in the
country. An Advocate on Record plays an essential role in the judicial process of the Supreme Court,
especially in ensuring that legal documents are presented correctly and in compliance with the court's
procedures.

Advocates Roll

the "Advocates Roll" is a crucial part of the legal system. It is essentially a register or list maintained
by the Bar Council of India and State Bar Councils that contains the names of individuals who are
legally qualified to practice law as advocates in Indian courts.

Amicus curiae

Amicus curiae, a Latin term meaning "friend of the court," refers to a person or organization that is not
a party to a case but is allowed to offer information, expertise, or arguments that may assist the court in
its decision-making process. An amicus curiae is generally invited by the court or sometimes by one of
the parties involved in the case, but they do not have a direct stake in the outcome. Their role is to
provide a broader perspective, legal analysis, or knowledge that may help the court better understand
complex issues, particularly when they have public interest or constitutional implications. Amicus
curiae is typically a brief or written submission by a third party that offers insights, data, or arguments
relevant to the case, even though the third party is not directly involved in the litigation.The primary
function of an amicus curiae is to assist the court by presenting arguments or information that may not
be fully presented by the parties involved. This could be useful in complex legal matters, especially
when a case has broader societal, constitutional, or policy implications.
Lawyers Privilege.
Lawyer's privilege, also known as attorney-client privilege, is a legal concept that protects the
confidentiality of communications between a lawyer and their client. It ensures that anything shared
between the two for the purpose of seeking or providing legal advice remains private and cannot be
disclosed without the client's consent. This privilege encourages open and honest communication,
which is essential for effective legal representation.
The privilege applies to:
1. Verbal or written communications between a client and their lawyer.
2. Documents prepared by the lawyer in anticipation of litigation (under the work product doctrine).
However, it does not apply if the communication involves the commission of a crime or fraud (the
crime-fraud exception) or if the client waives the privilege by disclosing the communication to third
parties. Additionally, it typically survives after the client's death, depending on the jurisdiction.

Seven Lamps of Advocacy.

According to former Chief Justice of India S H Kapadia, to succeed as a lawyer, one must work like a
horse and live like a hermit. A great legal practitioner is said to be a Jack of all trades, a master of none.
These qualities, along with legal ethics rooted in the Seven Lamps of Advocacy book authored by
Justice Abbott Parry including honesty, courage, wit, proficiency, competency, bravery, articulacy and
rationality, are essential skills for every legal professional.

Panchsheel of the Bar.

The Panchsheel of the Bar is a set of five qualities that an advocate should possess. These qualities are:
Self-belief: An advocate should have self-belief and fight for justice even when the path seems
difficult.
Mental capacity: An advocate should be mentally strong and put in sufficient effort.
Professional ethics: An advocate should follow professional ethics and misconduct procedures.
Independence: An advocate should be independent and well-behaved.
Culture: An advocate should be cultured and learned.

Ten commandments of Advocates.

The various duties of an Advocate like duties to the client, duties to the court, duties to the colleagues
and duties to the public shall be put into the following ten rules popularly known as the ten
Commandments of Advocates.
1. Protection of the interest of the client: An Advocate must be loyal to the interests of the client.
2. Proper Estimation of the value of the Legal Advise :
An Advocate shall not over estimate or under estimate the value of his advice. He must always.
3. Honest andRespect: He must be always honest and respectful to the court.
4. Preparation of the case: He must prepare the case thoroughly before presenting it to the court.
5. Service: Lawyers shall be willing to protect the rights of the oppressed and the poor.
6. Loyalty to Law and Justice: He must always give advise to enhance loyalty to law and justice.
7. Fellowship: He must be always friendly with the fellow members of the Bar.
8. Fairness: He must be fair in his dealings with the client, with the court and with the public
9. Systematic Study: He must develop the habit of systematic study of the law and acquainted with the
latest developments in Law.
10. Prudence and Diligence: He must always vigilant and active.
Darwin's Therory in Legal Profession
Charles Robert Darwin Born on 12 February 1809, was an English naturalist, biologist, and geologist;
however, he became popular because of his contributions to evolutionary biology.
Applying Darwin's theory of "survival of the fittest" to the legal profession suggests that lawyers who
are most adaptable, skilled, and strategically savvy are more likely to thrive and succeed in a
competitive market, where only the best lawyers with the most effective arguments and client-handling
abilities will consistently win cases and maintain a successful practice, essentially "evolving" the legal
profession through natural selection.

Meaning of Professional Ethics

Professional Ethics refers to a collection of guidelines that an aspiring lawyer must adhere to. These
guidelines govern the behaviour and actions of practising lawyers, encompassing their interactions with
themselves, clients, opposing parties and the court.
Ethics generally pertains to the moral principles that should serve as standards for a lawyer’s conduct.
Professional Ethics se rves as a foundation for any profession, embodying the fundamental values upon
which the legal profession is constructed.

Meaning of the term Etiquette

Etiquette refers to the social norms and expectations around how to behave in various interactions in
bar and bench.These norms provide a code of conduct and a structure that subtly regulate the expected
attitudes, behaviors, and manners of all members of bar and judiciary. Examples of etiquette include
behaviors such as using proper greetings in conversations and thanking the bench or personnels. It also
includes more subtle behaviors such as adopting an appropriate dress code and being punctual.
Following the rules and principles of etiquette is significant for healthy social interactions for a number
of reasons. Etiquette provides a system through which each member of society can show and expect
respectful behavior. It also enables the expression of empathy and consideration for the rights and
boundaries of other people. In the long term, proper etiquette helps people avoid unnecessary tension
and conflict and therefore helps maintain order, peace, and harmony in a community.

Duty to render legal aid.

The duty to render legal aid is a constitutional duty in India. It ensures that all citizens have access to
justice, regardless of their circumstances.
1. Provide quality service .
2. Maintain confidentiality.
3.Represent clients.
4.Follow the law.
5.Respect the court.
6.Conduct fair and honest trials.
7.File and argue appeals.
8. Maintain case files.
Restriction on Other Employments.
Rule 47 provides that an advocate shall not personally engage in any business; but he may be a sleeping
partner in a firm doing business provided that in the opinion of the appropriate State Bar Council, the
nature of the business is not inconsistent with the dignity of the profession. Rule 48 makes it very clear
that an advocate may be Director or Chairman of the Board of Directors of a company with or without
any ordinarily sitting fee, provided none of his duties are of an executive character.If the functions of
the advocate as a member of the Board of Directors is in case executive in nature, then that action
would be against rule 48. Under Rule 49 of the Bar Council of India Rules, an advocate shall not be a
full-time employee of any person, Government, firm, corporation or concern and on taking up such
employment, shall intimate such fact to the Bar Council concerned and shall cease to practise as long as
he is in such employment. Rule 50 provides that an advocate who has inherited, or succeeded by
survivorship to a family business may continue it, but may not personally participate in the
management thereof.According to rule 51 an advocate may review Parliamentary Bills for a
remuneration, edit legal text books at a salary, coach pupils for legal examination, set and examine
question papers; and subject to the rules against advertising and full-time employment, engage in
broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

Duty to self.
A lawyer's "duty to self" refers to the ethical obligation to maintain their own professional competence,
mental well-being, and personal integrity, ensuring they can effectively represent clients while
upholding the highest standards of legal practice, including avoiding burnout and conflicts of interest
that could harm their own reputation and ability to function effectively. Some of the key points are
mentioned below:
1. Maintaining professional competence.
2. Ethical conduct.
3. Managing workload and stress.
4. Seeking help when needed.
5. Self-reflection and improvement.

Duty to colleagues.
A duty to colleagues can include being respectful, taking responsibility, and being a good leader. Some
of important key points are mentioned as under:
1. Duty to report professional misconduct
2. Duty of professional courtesy and cooperation
3. Duty to mentor and guide junior advocates
4. Consent of fellow advocate to appear.

Restriction on Advertisement. The Legal Profession in India is administered by the Advocates Act of
1961, which prescribes its professional code of conduct and standards for advocates. Under its ambit,
exists the Central Bar Council (BCI and Bar Councils of States). As per Rule 36 of the BCI Rules,4
"An advocate is prohibited from soliciting work or advertising, either directly or indirectly, whether by
circulars, advertisements, touts, personal communications, interviews not warranted by personal
relations, furnishing inspiring newspaper comments or producing his photographs to be published in
connection with cases in which he has been engaged or concerned. Even the signboard, nameplate or
stationery of an advocate should not indicate that he is or has been the President or Member of a Bar
Council or of any Association or that he has been associated with any person or organisation or with
any particular cause or matter or that he specialises in any particular type of work or that he has been a
Judge or an Advocate General."

Refusing to Accept a Case. In fact, in some situations, lawyers cannot accept a case or agree to
represent a certain client.Various laws and ethics rules govern the cases (and clients) a lawyer can–and
cannot–accept.Generally, lawyers have a duty not to agree to representation in the following situations:
1. When the lawyer is not competent to handle the case.
2. When the lawyer is too busy to handle the case properly.
3. When the lawyer’s physical or mental health is impaired in a way that will or could impact the
representation.
4. When the lawyer’s personal feelings would prevent proper representation.
5. When the client, or the lawyer, has a corrupt motive.
6. Where the lawyer has an actual or likely conflict of interest
7. Where the client’s claim or case is frivolous/cannot be supported by law.
8. Where the lawyer might be called as a witness at trial in the action.

Professional Misconduct. The Advocates Act defines professional misconduct as any act or omission
by an advocate violating the standards of professional conduct prescribed by the Act or the rules made
thereunder. Section 35 of the Act enumerates various acts that constitute professional misconduct,
including:
1. Lawyers cannot charge fees based on a percentage of the legal dispute or hire others to generate
work.
2. Lawyers cannot communicate directly with clients represented by another lawyer unless they do so
through that lawyer.
3. Advocates are restricted from advertising their services or soliciting work, directly or indirectly,
except in specified circumstances.
3. Failure to appear before a court or tribunal without sufficient cause, neglecting to attend to matters
entrusted, or willful disobedience of any lawful court order constitutes misconduct.
4. Disrespectful behaviour toward the courts or interfering with the fair administration of justice
constitutes professional misconduct.
5. If an advocate is found guilty of a crime that reflects poorly on their character, it is considered
professional misconduct.
6. Any action that undermines an advocate’s professional independence or brings discredit to the legal
profession is deemed professional misconduct.

Punishment misconduct. As per section 35 of the Advocate Act, 1961,Where on receipt of a

complaint or otherwise a State Bar Council has reason to believe that any advocate on its roll has been
guilty of professional or other misconduct, it shall refer the case for disposal of its disciplinary
committee. The disciplinary committee of a State Bar Council after giving the advocate concerned and
the Advocate -General an opportunity of being heard, may make any of the following orders, namely-
Reprimand: The advocate is formally criticized.I
Suspension: The advocate is temporarily prevented from practicing law.
Removal from state roll: The advocate's name is removed from the state list of advocates.
Dismissal of complaint: The complaint against the advocate is dropped.

REMEDIES AGAINST THE ORDER OF PUNISHMENT. If you are aggrieved by a punishment

for professional misconduct, you can appeal to the Bar council of India or the Supreme Court.
1. Appeal to the Bar council of India (S.37)
. You can appeal to the Bar Council of India within 60 days of the order.
. You can file the appeal in person, by registered post, or through an advocate.
. You need to submit five copies of the appeal memorandum and an attested copy of the order from the
State Bar Council.
. The Bar Council's disciplinary committee will hear the appeal and may confirm, increase, decrease, or
remove the punishment.
2. Appeal to the Supreme Court
. You can appeal to the Supreme Court within 60 days of the order.
. The Supreme Court will hear the parties involved and pass an order.
. The Supreme Court usually does not interfere with the findings of fact made by the disciplinary
committee of the Bar Council of India and the State Bar Council.
3. Stay of the order: After filing the appeal before the Bar council of India or before the
Supreme Court the aggrieved party can ask for the stay of the order still the disposal
of the appeal. If the genuine grounds are there then the Bar Council or Supreme
Court shall stay the order still the disposal of the appeal.

Review if its Own Order. The power to review its own order is a statutory power that courts can
exercise in certain circumstances. The purpose of a review is to correct an error or injustice that
resulted from a previous decision.
Supreme Court
. The Supreme Court can review its own orders under Article 137 of the Constitution of India.
. The Supreme Court's review power is separate from its appellate jurisdiction.
. The Supreme Court will not rehear the case when reviewing its own order.
. The Supreme Court will only review its own order if there is an obvious error or a substantial
injustice.
High Court
. The High Court can review its own orders under Article 226 of the Constitution of India.
. The High Court can review its own orders by invoking Article 215 of the Constitution.

Disciplinary committee of a state bar council. The disciplinary committee of a state bar council is a
group of people who investigate and decide on cases of professional misconduct involving advocates.
The committee's role is to uphold ethical standards and public trust in the justice system. Which
includes:
. Investigates complaints
. Gathers evidence
. Holds hearings
. Determines disciplinary action
. Ensures fair proceedings
. Adheres to legal principles and procedural safeguards
Disciplinary Committee of the Bar Council of India. The Disciplinary Committee of the Bar Council
of India is a body responsible for addressing cases of professional misconduct among advocates.
Comprising three members, including two elected by the Bar Council and one co-opted advocate, it
investigates complaints, gathers evidence, and holds hearings to determine disciplinary
action.Empowered by section 42 of the Advocates Act, 1961, it has authority akin to a civil court,
including summoning witnesses and receiving evidence. The committee ensures fair proceedings,
adhering to legal principles and procedural safeguards, and may review its own orders. Its role is vital
in upholding ethical standards within the legal profession and maintaining public trust in the justice
system.

Transfer of Proceedings. Under the Code of Civil Procedure (CPC) Section 24, "transfer of
proceedings" refers to the power of a higher court to move a civil case from one subordinate court to
another, typically exercised when the original court lacks jurisdiction or when a fair trial might not be
possible in that court; while in the Code of Criminal Procedure (CrPC) Sections 406-412, it signifies
the ability to transfer a criminal case from one court to another based on similar grounds, primarily to
ensure a fair trial and proper administration of justice. Key points about transfer of proceedings;
. Bias or prejudice: If a judge in the original court is perceived as biased towards one party.
. Lack of jurisdiction: When the original court does not have the legal authority to hear the case.
. Convenience of parties: To facilitate easier access to the court for the parties involved.
. Public interest: In cases where a fair trial might be compromised due to local influence or other
factors.

Advocates Welfare fund. An Advocates Welfare Fund is a financial support system established to
assist advocates (lawyers) in times of need, such as during health emergencies, disability, or financial
hardship. The fund is often set up by bar councils, legal associations, or government bodies to ensure
the welfare of advocates who may face challenges due to various personal or professional
circumstances. These funds are typically contributed to by practicing advocates through a small annual
fee or by other means, and they provide financial assistance, medical help, or support in cases of
unforeseen circumstances.The specific eligibility criteria, benefits, and fund management details can
vary based on the country, state, or governing body overseeing the fund.

CHAPTER 3
Contempt of Court. Contempt of Court refers to any act that disrespects or disobeys the authority,
dignity, and authority of the court. It is a legal term used to describe behavior that disrupts the normal
functioning of the judicial system, undermines the court's authority, or shows disrespect for legal
proceedings.In India, Contempt of Court is governed under Article 129 of the Constitution and the
Contempt of Courts Act, 1971. It empowers the Supreme Court and High Courts to take action for
contempt. However, the act also recognizes certain exceptions, such as cases where the act does not
obstruct justice or harm the public interest. There are two types of contempt they includes 1). Civil
Contempt and 2). Criminal Contempt. Some of the grounds for the contempt of the courts are:
.Disobeying court orders.
.Acting in a way that obstructs the administration of justice.
.Speaking or writing in a manner that undermines the authority of the court.
Civil Contempt.Section 2(a) of the Contempt of Court Act, 1971 states Civil Contempt as wilful
disobedience to the order, decree, direction, any judgment or writ of the Court by any person or
willfully breach of undertakings by a person given to a Court. Since Civil Contempt deprives a party of
the benefit for which the order was made so these are the offences essential of private nature. In other
words, a person who is entitled to get the benefit of the court order, this wrong is generally done to this
person.
Criminal Contempt.According to Section 2(c) of the Contempt of Court Act, 1971, Criminal
Contempt is Defined as (i) the publication of any matter by words, spoken or written, or by gesture, or
by signs, or by visible representation or (ii) doing of any act which includes:
a) Scandalize or tends to scandalise, or lowers or tends to lower the authority of any court, or
b) Biasness, interferes or tends to interfere with the due course of any type of Judicial proceedings, or,
c) obstructs or tends to obstruct, interfere or tend to interfere with the administration of justice in any
manner.

Punishment for Contempt of Court.Section 12 of the Contempt of Court Act, 1971 deals with the
punishment for Contempt of Court. High Court and the Supreme Court have been given the power to
punish someone for the Contempt of Court. Section 12(1) of this Act states that a person who alleged
with the Contempt of Court can be punished with simple imprisonment and this imprisonment can
extend to six months, or with fine which may extend to two thousand rupees or can be of both type
punishment.

Defenses Against Civil Contempt of Court. Civil Contempt of court is the act of being disrespectful
to a court of law or its officers. It can also include disobeying a court order or breaking an undertaking
to the court. Some defenses against civil contempt of court include:
Lack of knowledge: The accused person can claim that they were unaware of the court order. The
court is responsible for serving the order to the accused, either by post, in person, or through certified
copy.
Order was vague or ambiguous: The accused can claim that the order was unclear or had more than
one reasonable interpretation.
Good faith: The accused can claim that they made a statement in good faith about the presiding officer
of a subordinate court.
Truth: The accused can claim that they were justified in their actions.
Not willful disobedience: The accused can claim that they did not disobey the court order willingly.

Defences in Criminal Contempt.

Some defenses in criminal contempt cases include:
i. Innocent publication Sec. 3: If the publication was done without reasonable grounds to believe that a
proceeding was pending (Prabhakar Laxman Mokashi vs. Sadanand Trimbak Yardi).
ii. Fair and Accurate reporting Sec.4: A fair and accurate report of a judicial proceeding is not
considered contempt (this defence is subject to sec. 7 of the Act).
iii. Fair criticism: Fair criticism of judicial acts is not considered contempt
iv. Truth as a defense sec.13: Truth can be used as a defense if it is in the public interest and bona fide
v. Apology under proviso to sec.12: An apology made to the satisfaction of the court can be used as a
defense.
vi. Complaint against presiding officer Sec. 6: A statement made in good faith about a subordinate court
officer is not considered contempt or the respective high court.
vii. Distribution without knowledge: If the distribution was done without knowledge of the
contemptuous material.
Viii. Acts that do not substantially interfere with justice administration: Acts that do not substantially
interfere with justice administration are not considered contempt.

Contempt Against Subordinate court.

Contempt against a subordinate court is an offense that can be punished by the High Court of the state
where the court is located. The High Court has the power to punish contempt against subordinate courts
through the Contempt of Courts Act, 1971, and Article 215 of the Constitution of India give the High
Court the power to punish contempt against subordinate courts. Section 10 Gives the High Court the
same jurisdiction, powers, and authority to punish contempt of subordinate courts as it has for contempt
of itself. Some of the consideration to be constitute as contempt.
. Disobeying a court order, judgment, decree, or writ.
. Breaking an undertaking given to the court.
.Doing or saying something that lowers the authority of the court
.Doing or saying something that prejudices or interferes with a judicial proceeding
.Publishing something that scandalizes or prejudices the court or judicial process

Contempt Procedure in High Court and Supreme Court.

The procedure for contempt of court in a High Court and Supreme court is covered in Sections 14, 15,
and 17 of the Contempt of Courts Act, 1971 and The Rules to Regulate Proceedings for Contempt of
the Supreme Court, 1975.
Section 14: If a person is accused of contempt in the presence of the High Court or Supreme Court, the
court can detain them and inform them of the charges.The accused is given the opportunity to defend
themselves.The court can try to complete the proceedings on the same day.
Section 15: The High Court and Supreme Court can take action on its own or on the request of the
Advocate-General or other person.The High Court can take action on a reference from a subordinate
court.A notice of the proceedings is served on the accused.
Section 17: The notice of the proceeding is served personally on the accused unless the court directs
otherwise.

Contempt by judicial Officer: Contempt by judicial officers refers to actions by judges or other court
officials that undermine or disrespect the authority, dignity, or functioning of the court. It typically
involves behavior that obstructs the administration of justice, such as:
1. Failure to comply with court orders: A judicial officer may be held in contempt if they refuse or
neglect to follow a lawful court order or act in ways that disrupt legal proceedings.
2. Misuse of authority: If a judge or judicial officer uses their position to exert personal influence,
engage in biased behavior, or otherwise abuse their power, it can be seen as contempt of court.
3. Public disrespect or misconduct: Engaging in public conduct that discredits the judicial office or
diminishes the public's trust in the legal system may also lead to contempt charges.

In most legal systems, contempt of court is taken seriously to preserve the integrity of the judicial
process, and penalties may include disciplinary action, suspension, or removal from office.
Bar and bench relation.
Bar: Lawyers become registered advocates after completing their L.L.B. degree from a university and
undergoing specific training supervised by another advocate, as per the rules. Collectively, these
lawyers are known as the ‘Bar,’ and an advocate represents the Bar. In most cases, the term “Bar” refers
to a group of licensed attorneys who practice in the courts of a state or a specific court.
Bench: The term “bench” refers to all the judges collectively, in contrast to the term “Bar,” which
encompasses all legal professionals. It also refers to the official part of the court when judges are in
session. Originally, the term ‘Bar’ referred to the section of the court related to attorneys, but now it
refers to the part of the court dealing with judicial officers, known as the Bench.
Bar Bench relations refer to the dynamic interaction and cooperation between lawyers (the Bar) and
judges (the Bench) within the legal system. This relationship is fundamental to the administration of
justice. Lawyers represent their clients’ interests in court, while judges make impartial decisions based
on the law. Maintaining a respectful and collaborative partnership between the Bar and the Bench is
crucial for the effective functioning of the legal system. It ensures that cases are heard fairly, legal
principles are upheld and justice is served. Communication, professionalism and mutual respect are key
elements in fostering a strong Bar Bench relationship, which ultimately benefits the legal profession
and the individuals seeking justice.

Role of the Bar in Strengthening the Bar Bench Relations.

Advocates are considered officers of the court and their primary duty is to assist the court in the fair
administration of justice. Advocates work in partnership with the judiciary to ensure the proper
dispensation of justice. Their role is significant in the administration of justice and to maintain a
harmonious bar bench relation, advocates should follow these guidelines:

Respect for Judges: Advocates should show respect and reverence for judges, refraining from any
form of disparagement or criticism of the judiciary.

Assist Judges: During court hearings, advocates should assist judges by accurately and clearly
conveying the relevant legal principles.

Handling Judicial Errors: If advocates believe there is an error in a judge’s decision, they should not
criticize the judge openly. Instead, they should follow proper legal procedures, such as filing an appeal,
to address and rectify any perceived mistakes.

Avoid Manipulation: Advocates should not exert undue pressure or attempt to control judges to obtain
favorable orders. They must refrain from using illegal or inappropriate means to influence court
decisions

Addressing Disrespect: If a judge’s conduct is perceived as disrespectful or annoying to advocates,

they should avoid engaging in confrontational discussions in the courtroom. Instead, any issues should
be addressed privately, such as in the judge’s chambers and the Bar Association can make a formal
request for respectful behaviour.

Prevent Unfair Practices: Advocates have a responsibility to guide and discourage their clients from
engaging in unfair or unethical practices in court proceedings.
By adhering to these principles, advocates contribute to the preservation and strengthening of the
relation between Bar and Bench, ultimately enhancing the administration of justice

Role of the Bench in Strengthening the Bar Bench Relations.

A judge, as a public official responsible for hearing and deciding legal cases, holds significant authority
within the legal system. To foster a strong and respectful bar bench relationship, judges are encouraged
to follow these principles:

Mutual Respect: Just as advocates show respect to judges, judges should also respect advoca
Maintaining mutual respect is crucial for a healthy working relationship between bar and bench.

Open-Mindedness: Judges should approach each case with an open mind, free from bias or prejudice.

Impartiality: Judges must act impartially, refraining from favouring any party involved in the dispute.
Their decisions should be solely based on the merits of the case and the applicable law.

Minimal Intervention: Judges should avoid unnecessary interference with lawyers’ interactions with
witnesses and their arguments.

Clarity in Legal Interpretation: When interpreting complex legal rules, documents or statutes, judges
should provide clear explanations to ensure justice for all parties involved.

Adjournments: Judges should grant adjournments sparingly and only when reasonable and
appropriate grounds exist.

Respectful Conduct: Judges should refrain from making unwarranted public remarks about a lawyer’s
competence in open court.

Legal Knowledge: Judges should possess a deep understanding of the law, apply it to the evidence 0
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presented and reach well-reasoned conclusions.

Moral Responsibility and Honesty: Judges should be held to the highest standards of moral
responsibility and honesty, commanding respect in both their personal and intellectual capacities.

Communication: Regular briefings and meetings between judges and advocates should be scheduled
to facilitate discussion and resolution of issues, strengthening the relationship between Bar and Bench.
By following these principles, judges contribute to a productive and respectful relationship with
advocates and ensure the fair administration of justice in the legal system.

CHAPTER 4
CASES ON PROFESSIONAL MISCONDUCT.

1. JAGADISH SINGH AND OTHERS Vs. T.C. SHARMA.

Jagadish singh and others were employees of the Central Board of Education,
New Delhi. They were arbitrarily dismissed from service by the Board. They
approached T.C. Sharma an Advocate to file a case against the arbitrary
dismissal. They paid Rs.1400 as fees for the case. T.C.Sharma gave a fake
case number stating that he has field the case before the central
Administrative Tribunal, New Delhi. On verification it was found that no
such case has been field. Later they engaged another Advocate Mr. Bhati to
file the case and got a favourable order of reinstatement.
Therefore, they asked the return of Rs. 1400 from T.C. Sharma. He refused to
pay the same. So, the complainant filed a petition against him before the
Delhi Bar Council alleging professional misconduct. Since Sharma failed to
appear during the enquiry, the state Bar Council could not able to dispose off
the case within one year. Hence, the case was transferred to the Bar Council
of India.The Bar Council of India examined the petitioners, but the
respondent was absent. Finally the Bar council of India passed an order
holding the respondent guilty of professional misconduct and awarded the
following punishments.
1. Suspended him from practice for a period of 5 years. 2. Directed him to
return the Rs.1400/-with 12%interest per annum. 3. Directed to give Rs.500
as cost to the complainant.

2. Babulal Vs. Subash Jain

The complainant and the Respondent are Advocates. The complainant filed a
petition before the Madhya Pradesh Bar Council stating that the respondent
to guilty of professional misconduct under s.35.
The allegation of the complainant is that the respondent a practicing lawyer,
is working as an Editor.P rinter and Publisher of a weekly called “Aaj Ki
Janta’’ He is the owner of the press which prints the weekly. It is also alleged
that the respondent did not disclose these facts while applying for enrolment
to the State Bar Council.The respondent denied all the allegations. He
contended that before enrolment, the job of printing and publishing was
transferred to his wife and thereafter he was working only as an editor of the
said weekly. Since the enquiry was not completed within one year, the case
was transferred to the Bar Council of India. In the enquiry it was found that
he enrolled in 1973 and continued as the printer, publisher and editor of the
weekly till 1983. Only in 1983 printing and publishing was transferred in the
name of his wife. But, by a general power of attorney from his wife the
respondent was looking after the entire work of the weekly. Based on this
findings the Bar Council of India held that the respondent is guilty of
professional misconduct punishable under S.35 of the Advocates Act and
passed.
1. He was suspended from practice for a period of one year. 2. Suppression of
the fact that he is the owner of the weekly in the enrolment application cannot
be treated as professional misconduct punishable under S.35
3.Balswaroopsoni Vs. Babulalsoni
Babulalsoni is the father of Balswaroopsoni. He filed a complaint against his
son alleging professional misconduct before the Madhya Pradesh Bar
Council.The Issues are as follows: 1. A criminal case under S.307 I.P.C. is
pending against him. 2. while appearing as a defence counsel for one munna
in a criminal case No.125/89 he has introduced his own brother as Dwarha
Pradesh and arranged him to stand as surety for munna. 3. He has withdrawn
a sum of Rs.1500 deposited in the court in the name of Babulalsoni in a civil
case without his consent. Before the State Bar Council, Babulalsoni
personally appeared and produced certain documentary evidence in support
of his case but the present appellant did not appear though many chances are
given to him. Finally the Bar Council held that Balswaroopsoni is guilty of
professional misconduct and passed an order removing his name from the
Advocates Roll.Against this order Balswaroopsoni filed an appeal the Bar
Council of India. In the appeal he denied all the allegations against him but,
failed to produce any documentary evidence in his support. Regarding the
second allegation he took a defence that munna brought one person and
introduced him as Dwarakha Prasad. Believing Munna’swords only he also
introduced him to the court as Dwarakha Prasad. This defence was not
accepted by the Bar Council of India because Balswaroopsoni knows that the
person brought by Munna Dwarakha Prasad. Regarding the third allegation
he took the defence that he is also one of the plaintiff in the said case and his
father has given power to withdraw that amount of Rs .1500/.But no
documentary evidence insupport of this difference was produced by
him.After hearing the parties the Bar Council of India reduced the
punishment and suspended him from practice for a period of 5 years.
4.Indure Ltd. Vs. Deo Raj Gupta
The complainant company is one of the highest producer ofash handling
system in the world, having large manufacturing and engineering factories.
The respondent was the Advocate of the company and various cases related
to the company was entrusted with him. In April 1986 NELCO precisions, a
company located at Faridabad gave a false advertisement in the papers that
Indure Ltd. is using the parts manufactured by NELCO precisions. To stop
this false advertisement Indure Ltd. instructed the respondent to serve a legal
notice to NELCO. Notice was sent, but the notice has not given the desired
result. Therefore, the respondent was instructed to file a case against
NELCO. A plaint was prepared and it was approved by the petitioner
company and necessary court fees was also paid to him. The respondent
informed the complainant that he has filed the suit in the Delhi High Court
and got a stay order. Infact no suit had been filed. The complainant filed a
complaint in the Bar Council of U.P. alleging professional misconduct against
the respondent. They alleged that the respondent had made a similar type of
misrepresentation earlier also when he was instructed to file a case against
Anoel Industries Ltd. A criminal complaint was also filed against Gupta in
this regard. The respondent filed a very brief counter and failed to give any
explanation about the serious allegation of professional misconduct. He
simply prayed that for the same matter there is already a criminal case
pending against him, so the Bar Council should not proceed with the
complaint. When the petition was pending before the Bar Council, the
criminal case was disposed off and he was convicted. Since the U.P Bar
Council could not able to complete the enquiry within one year the petition
was transferred to the Bar Council of India. The Bar Council of India
examined the complainant and the respondent and finally came to the
conclusion that the allegations against the respondent the complainant has
been proved beyond reasonable doubt and directed the removal of his name
from the roll of Advocates and prohibited him from practicing as an
Advocate.

5.Commisoner of Civil Supplies & Consumer Protection Dept. Vs.

Balakrishnan
Mr.Chandrakanth of Villupuram has filed a writ petition No.10589/90 in the
Madras High Court praying for the release ofa Van TAH 4777 which was
ceased by the Special Thasildar, Dindivanam on 5- 7-1990. The writ petition
was dismissed on 11-7-1990.The respondent. Mr.V.Balakrishnan was the
Advocate for Mr.Chandrakanth in the writ petition .After the dismissal of the
Writ petition. After the dismissal of the writ petition the respondent sent the
following telegram to the District Revenue Officer, South Arcot. “High Court
of Madras in writ petition No.10589/1990 filed by Chandrakanth directed the
District Revenue Officer to release the van TAH 4777 with 100 bags of
paddy within one week. Do not sell the paddy.
1.The order of the State bar Council was set aside. 2.He was found guilty of
professional misconduct under S.35 of the Act. 3.The act sending wrong
telegram misquoting the content of the court order is not an act fit for an
Advocate and he was reprimanded with strong words.

6.Banumurthy Vs. Bar Council of Andhar Pradhesh.

The appellant was a member of the Andhar Pradesh Judicial service. When he
was working as Metropolitan Magistrate at Hyderabad there were certain
allegations of corruption against him. A departmental inquiry was conducted
and was served with an order of compulsory retirement and retired on
30/7/1991.Compulsory retirement he applied for resumption of practice. The
State Bar Council referred the matter to the Bar Council of India because he
had been found guilty by the departmental inquiry. The Bar Council of India
returned the matter to the Disciplinary Committee of the State Bar Council
found him guilty of professional misconduct and suspended him from
practice for a period of 2 years. Against this order the present appeal has been
filed.When the appeal was pending, he was allowed to resume his practice
from 6/4/1994 by some court order. Bar Council of India continued the
enquiry and finally held that since 2 years has already lapsed since his
punishment for corruption charges, he shall resume his practice

7. Dr. D.V.P.Raja Vs. D.Jayabalan

The appellant lodged a complaint with the Bar Council of Tamil Nadu
alleging that the respondents application in the form of complaints addressed
to various authorities amounts to professional to misconduct. The State Bar
Council passed a resolution that there is a prima facie case of professional
misconduct and it was placed before the Disciplinary committee of the State
Bar Council for its adjudication.
Before the Disciplinary Committee the respondent raised a preliminary issue
that the Disciplinary Committee has no jurisdiction in this matter because
there is no connection between his standing as lawyer and his representation
to various authorities. The Disciplinary Committee of the State Bar Council
also accepted this argument and dismissed complaint without going in to the
merits of the complaint. The DisciplinaryCommittee held that there was no
nexus or proximity in his standing as a lawyer and his to various authorities.
Against this order an appeal was filed before Bar Council of India. In the Bar
Council of India it was argued that the Bar Council of Tamil Nadu having
passed a resolution that there is a prima facie case against the respondent, the
Disciplinary Committee could not have dismissed the complaint without
hearing it on merits.
After hearing both the sides the Bar Council of Tamil Nadu has passed a
resolution that there is a prima facie case to be enquired in to by the
Disciplinary Committee has no power to consider the question of its
jurisdiction on the matter. The decision of the Bar Council of Tamil Nadu is
good and valid.

8. G. M. Hirmani Vs. Iswarappa

The petitioner filed a complaint against the respondent. Mr.Iswarapa (a
practicing lawyer) in the Bar Council of Karnataka alleging professional
misconduct on the following grounds

1.The petitioner filed a partition suit against Grija Devi and Premadevi. The
respondent Mr.Iswarappa was the general power of attorney holder of Smt.
Girija Devi and Premadevi and also acted as Advocate for them in the said
case. He misused his position as an Advocate and dominated the will of
Girija Devi and Premadevi and purchased one portion of the suit property on
30/3/93 from them.

2. Mr.Iswarappa took the signature of kirmani in a ten rupee bank bond paper
promising to compromise the partition suit and thereafter committed theft of
the same bond paper.
3. During the pendency of the partion suit Mr.Iswarappa often visited the
house of the complainant in a drunken stage, through the complainant had
asked him not to visit his house during the pendency of the suit.

4. Iswarappa has falsely filed a criminal case against the complainant which
was dismissed after enquiry. During the enquiry Iswarappa admitted that he
was the general power of attorney of GirijaDevi and Premadevi and has
purchased their property for valuable consideration and paid the full amount
and denied all other allegations.
The Bar Council of India also dismissed the appeal on the following grounds:

1. The complainant had failed to prove that Mr.Iswarappa took signature of

the complainant on a blank bond paper.

2. He has failed to prove that Iswarappa has purchased the property by

misusing his power of attorney.

3. He failed to prove that Iswarappa acted as an Advocate for Girija Devi

Premadevi in the partition suit. Iswarappa produced evidence that he never
acted as council of pemadevi and Girijadevi in the partition suit and one
Mr.AtchuthaGiri was the Advocate for them in that partition suit. Thus the
complainant had failed to establish a case of professional misconduct against
the respondent.

9. N.S. Vs. K.V.

The appellant was a Govt. Pleader and the respondent was a Senior Advocate
of 33 years experience in the Madras High Court. On 12/11/1986 when he
was going to the Bar Association, the appellant informed him that he made a
mention of a case before a Judge in which respondent was appearing for the
opposite party. The respondent told the appellant that he had not been
previously informed about it and that he has no notice that the appellant is
going to make a mention in the case; so“I will see to it’’. Immediately the
appellant without any justification abused the respondent in a very bad
manner using vulgar words. K.V. filed a complaint before the Bar Council of
Tamilnadu. N.S.denied all the allegations, but admitted that heated exchange
of words took place between them. After examining both the parties, the
Disciplinary Committee found him guilty of professional misconduct and
suspended him from practice for a period of 6 months. N.S. challenged this
order before the Bar Council of India. The main question in the appeal is
whether the abusive language used by the appellant against the respondent
would amount to professional misconduct. The Bar Council of India held that
it amounts to professional misconduct but it held that the suspension of N.S.
from practice for a period of 6 months is not necessary and reprimanded with
strong words.

10. P.R Vs.V.I

The complainant was the District Munisif Magistrate at Anakapalle from
19/11/84 to 8/4/85. The respondent was a practicing Lawyer there. The
respondent was the Advocate for a respondent in a maintenance case. On
29/10/1985 when the case was called the Advocate as well as his client was
absent, so ex-party order was passed. Therefore, the present respondent filed
a contempt petition against the complainant(P.R) in his court.
1.The High Court has passed transfer order to P.R. on 20/10/1985 but, instead
of handing over the charge and obey the order he continued there up to
8/11/1985 on certain pretest(arranged by him).

2.The complainant was wasting valuable time of the court and also the
revenue of the Govt.P.R. referred this contempt petition to the District Judge.
District Judge referred it to High Court. The court advised P.R. to lodge a
complaint against V.I. before the State Bar Council for professional
misconduct. Hence P.R. filed a complaint against the respondent alleging
professional misconduct because he has filed contempt petition on false
grounds under his signature against the presiding officer by name and
bringing down the reputation of he presiding officer. The respondent also
acted on his own and not under the instruction of his client.
The Bar Council of Andhra Pradesh after enquiry held that by filing the said
contempt petition against the presiding officer with serious allegation, the
respondent has committed professional misconduct. In the mean time the
respondent was also selected and appointed as District Munsif Magistrate and
he ceased to be an Advocate. So, the Bar Council expressed its inability to
pass any order of punishment against him for professional misconduct. So,
they forward this order and other records to the High Court of Andhra
Pradesh for necessary action.

CHAPTER 5

Pawan Kumar Sharma v. Gurdial Singh

Sharma enrolled as an Advocate in the Punjab& Haryana Bar
council in January 1990. At the time of his enrolment his
family was doing taxi business and he himself having 4 taxies
in his name. A complaint was filed against him alleging
professional misconduct that he is running taxi business.
Since the State Bar Council could not able to dispose off the
complaint within one year, it was transferred to the Bar
Council Of India. Sharma denied this allegation and showed
documents proving that he has sold the Taxies after the
enrolment. But the Bar Council of India did not accept this
documents and finally passed an order suspending him from
practice for one year for professional misconduct on the
ground that he was running a taxi business after enrolment.
He challenged the order before the Supreme Court contending
that though he had 4 taxies in his name before his enrolment
he had sold the taxies after the enrolment and discontinued
the taxi business. The Supreme accepted the argument and
passed the following orders.
1. Simply because a person is the owner of the taxies, he
cannot be treated as directly doing the business.

2. Rule 47 of the bar Council permits an Advocate to act as a

sleeping partner in any business which is not inconsistent
with any profession.

3. The charge of professional misconduct is a quasi-criminal

charge, so it should be proved beyond reasonable doubt. In
this case the person filed the complaint has failed to prove the
charge beyond reasonable doubt.

4. The appellant has produced documents showing the sale of

the taxies after enrolment. The respondant has failed to prove
that it is untrue.

5. The order of the Bar Council of India is set aside because

professional misconduct is not approved.

Mahabir Prasad Singh v. M/S Jack Aviation (AIR 1999 SC

287)
The plaintiff filed a suit against the defendant for recovery of
possession of the building. During the pendency of the suit on
15-5-1998 the Delhi Bar Association passed a resolution
boycotting that court due to his improper behavior towards
the lawyers. Taking advantage of this boycott resolution the
defendant filed a petition asking the judge totransfer the case,
suo motou, to another court because his advocate will not
appear in the court In the future. The transfer petition was
dismissed. This order was challenged before the High court.
The High Court stayed the proceedings and the case was
adjourned for long period. Aggrieved by the stay of
proceedings and the long adjournment the plaintiffs filed an
appeal before the Supreme Court. In the appeal the Supreme
Court gave the following orders.
1. If any councel does not want to appear in the court, that too
for justifiable reasons, the case should be returned to the party
so that the party can engage in another councel.

2. Retaining the case without returning it to the client and

abstaining from conducting the case in the court amounts to
professional misconduct.
3. The court should not adjourn the case on the ground of
Advocates strike or Advocates decision of boycott the court.

4. During the court hours even if the Advocates are not

appearing the court should proceed with the trial of the case.

5. Court should not yield to the pressure tactics of boycott or

any kind of brow beating.

6. Judicial officers should behave cardialy towards the

Advocates.
Supreme Couirt Bar Association v. Union of India.
Parties Involved: Supreme Court Bar Association (petitioner)
vs. Union of India (respondent).
Legal Questions:
Whether the Supreme Court has the authority to debar or
suspend an advocate from practicing in the Court for
professional misconduct.
Whether the disciplinary powers regarding advocates are
exclusively vested in the Bar Councils under the Advocates
Act, 1961.
Noteworthy Events:
The case was initiated following instances of alleged
professional misconduct by advocates practicing in the
Supreme Court.
The Supreme Court exercised its inherent powers to
discipline advocates, leading to a challenge by the Supreme
Court Bar Association.
The Supreme Court delivered a landmark judgement with
significant implications for the regulation of legal
professionals:
The Court held that while it has the inherent power to punish
for contempt, including the misconduct of advocates, it does
not have the power to debar or suspend an advocate from
practicing before it. Such disciplinary actions fall under the
exclusive jurisdiction of the Bar Councils established under
the Advocates Act, 1961.
The judgement emphasized that the power to discipline
advocates, including suspending or debarring them, is vested
in the Bar Councils, and any disciplinary action must follow
the procedures prescribed under the Advocates Act.
The Supreme Court can, however, bring instances of
professional misconduct to the notice of the relevant Bar
Council, which can then take appropriate disciplinary action.

P.D. Gupta v.Rammurthi (AIR 1998 SC 283)

Fact of the case:- One Mr. Krishnan died on 5-6-1980. His
sister Vidyawati filed a suit for decleration of title in her
favour for certain properties of Mr. Krishnan, Ramamurthi
and others resisted the suit claiming title in their favour.
P.D.Gupta was the Advocate of Vidyawati. When the suit was
pending P.D. Gupta purchased part of the disputed property
for Rs.18000 and sold it for 34000 immediately. Mr.
ramamurthi filed a complaint against P.D.Gupta before the
Delhi Bar Council alleging professional misconduct. The
main allegation is that he has purchased the part of the
disputed property from his client during the pendency of the
suit. Since the enquiry was not completed within one year the
matter is transferred to the Bar Council of India. After hearing
both the parties, the Bar Council of India passed an order
suspending him from the practice for a period of one year.
The court held that a shadow of undue influence is present
when an Advocate buys property of his own client. Against
this order P.D. Gupta filed an appeal before the Supreme
court. In the appeal his main contention was that his client or
her legal heirs has not filed any complaint regarding
professional misconduct, and the enquiry conducted based on
the complaint by some other person is wrong.
The Supreme Court did not accept this argument and passed
the following orders.
1. Any person shall file a complaint regarding professional
misconduct against an Advocate.
2. Bar council shall enquire into the allegation of professional
misconduct, though the complaint is filed by a stranger,
because, the Bar council is concerned with the conduct of
Advocates.
3. The order passed by the Bar Council of India is confirmed.
In P.D. Gupta v. Ram Murti and Another22 the Bar Council of
India was of the view that the conduct of P.D. Gupta in the
above circumstances was unbecoming of professional ethics
and conduct of an Advocate. The Bar Council observed in this
Context as follows: "It is an acknowledge fact that a lawyer
conducting the case of his client, he has a commanding status
and exert influence on his client. As a member of the Bar it is
common knowledge that lawyers have started contracting
with the client and enter into bargains that in case of success
he will share the result. A number of instances have been
found in the cases of Motor Accident Claims. No doubt, there
is no bar for a lawyer to purchase property but on account of
common prudence specially a law knowing person will never
prefer to purchase the property, the title of which is under
doubt" The Supreme Court of India observed that bar council
of India, in the present case, has considered all the relevant
circumstances and has rightly come to the conclusion that
Shri P.D. Gupta is guilty of miscount and so he is suspended
from practice for one year.

RUBTAS SINGH Vs. COMMISSIONER, AGRA Division.

The case of Commissioner, Agra And Others v. Rohtas Singh
And Others (1997 INSC 799) is a landmark judgment
delivered by the Supreme Court of India on December 9,
1997. This case primarily addresses whether Government
Advocates and Standing Counsel for the State of Uttar
Pradesh (U.P.) are permitted to represent government officials
in contempt of court proceedings. The controversy arose
when the Allahabad High Court held that these state-
designated legal representatives could not appear on behalf of
government officials facing contempt charges. The pivotal
issue centered on the intersection of contempt law, the role of
state-appointed legal counsel, and the autonomy of judiciary
in maintaining its authority.
The Supreme Court reviewed appeals against the Allahabad
High Court's decision which barred Government Advocates
and Standing Counsel from defending U.P. state officials
accused of contempt of court. The High Court had also
invalidated a Government Order that nominated specific
advocates for such defenses and ruled that the officials would
bear their own litigation costs unless exonerated honorably.
The Supreme Court overturned this decision, asserting that
the state retains the authority to appoint legal representatives
for its officials in contempt proceedings. Additionally, the
Supreme Court critiqued the High Court's rationale, clarifying
the nature of contempt proceedings as inherently judicial
rather than prosecutorial.

Harish Chandra Singh Vs. S.N. Tripathi (AIR 1997 SC

879)
Mr.Daya Ram engaged Mr. Harish Chandra as a lawyer in a
consolidation proceeding pending before the consolidation
officer. Since Daya Ram could not attend the case regularly,
harish Chandra asked him to appoint a mukhtar. Daya Ram
appointed one mr. Syed Hussain, a junior Advocate of harish
Chandra as the mukhtar (power agent). Syed Hussain in the
capacity as mukhtar sold certain properties of Daya Ram to
the father of Harish Chandra (This he did under the pressure
of his senior Harish Chandra). Daya Ram filed a complaint
against both Harish Chandra and his junior Syed Hussain
before the Local Bar Association. The president of the Bar
Association forwarded the complaint to the U.P.State Bar
Council. Since the matter was not disposed off within one
year it was transferred to the Bar Council of India.
During the enquiry Daya Ram submitted the following.
1. The mukhtar was obtained fraudulently.
2. Therefore, the sale deed executed by using the mukhtar
should be treated as void.
3.The act of Harish Chandra and Syed Hussain amounts to
professional misconduct, So they should be punished for that.
Syed Hussain confessed the guilt stating that being a junior,
by obeying his senior, he did these things and asked for
pardon.Harish Chandra contented that his father was living
separately and he did not have any contact with him. He also
contented that Syed Hussain is not his junior. The Bar
Council of India held that Harish Chandra is Guilty of
professional misconduct and he was suspended from the
practice for two years. His junior Syed Hussain was
pardoned. Against this order Harish Chandra filed an appeal
before the Supreme court. The Supreme court dismissed the
appeal and affirmed the decision of the Bar Council of India.

7. Hikmatali Khan v. Iswar Prasad Arya

Respondent, Advocate registered with the BC of UP
practicing at Budaun where during lunch interval he assaulted
his opponent Radhey Shyam in the courtroom of the
Magistrate with a knife after which a shot was fired by him
with no casualties. After the investigation, he was prosecuted
for offences under sec.307 IPC and 5 of the Arms Act and
was convicted by the 1st Temporary Civil and Sessions Judge
for 3 years and 9 months respectively for the offences. Before
he could be arrested to undergo the punishment, a copy of a
letter purporting to have been sent by Shri. L.R. Singh Deputy
Sec, Ministry of Home, U.P, Lucknow was received in the
Court of the ADJ, Budaun who was responsible for the earlier
order executed, on its abolition. In the letter it was stated that
the Governor has been pleased to suspend the conviction of
the Respondent under Article 161 of the Constitution and
until further orders were to remain free. The proceedings were
stayed despite repeated enquiries and the sentence awarded
suspended till, when on receipt of a crash radiogram message
from the Home Ministry, it was found that the mentioned
letter was fraudulent and thereupon a warrant for the
Respondent’s arrest was immediately issued by the court and
sent to Budaun Jail. Shri. G.S. Sharma, ADJ, sent a complaint
containing the above facts to the Chairman, Bar Council of
U.P for taking action against Respondent under Sec.35
Advocates Act, 1961. On the basis of the said complaint,
disciplinary committee proceedings were initiated against
Respondent 1, and found him guilty of gross professional
misconduct by taking the benefit of a forged and fabricated
document prepared at his behest and directed he be barred
from practice as an Advocate for a period of 2 years. He filed
an appeal against the BC & DC order and the said appeal was
allowed. In view of the provisions of sec.35(b)(reprimand),
(c)(suspend) & (d)(remove from rolls) and sec.24-A(Moral
Turpitude) of the Advocates Act, 1961. The gravity of
misconduct committed by him is such as to show that he is
unworthy of remaining in the profession. In the instant case
Respondent 1 has been convicted of the offence of attempting
to commit murder under sec.307 of the IPC and requires him
to be directly removed from the Rolls of Advocates. Thus, the
appellants appeal is allowed and the order passed by the DC
is upheld with the slight modification that instead of his being
debarred from practicing for 3 years, His name shall be
removed from the Rolls of Advocates.

8. Prahalad Saran Gupta v. Bar Council of India.

Gupta was practicing Advocate at Gaziabad. He was
appearing for the decree-hold in an execution case between
Atma Ram manak Chand v.Shriram in the Ghaziabad court.
The degree holder has filed a complaint in the State Bar
Council against his Advocate (Gupta) alleging the following
professional misconduct.
1. He has colluded with the JD and accepted Rs. 1500 out of
the total decreed amount and allowed time for the payment of
the remaining balance.
2. The amount so received is not given to the degree holder.
3. He has helped the JD to get the execution stayed by the
High Court.
4. When he was Acting as a standing counsel for the railways,
he drafted the notice under S.80.C.P.C to be served to the
railways on behalf of M/s. Agerwal traders who was the
compliment against the Railways.
The draft prepared by his own handwriting was produced
before the disciplinary committee. Gupta denied all the
allegations and informed that he was holding the amount of
Rs.1500 as trustee on behalf of his client. The Bar council of
India has found the appellant guilty of serious professional
misconduct and passed an order suspending him from the
practice for a period of one year. Gupta challenged this order
before the Supreme court.
The Supreme court passed the following orders.

1. It is not advisable for the Disciplinary Committee to base

its conclusion purely on the basis of its own comparison of
the hand writing of Gupta with the alleged draft prepared by
him. The court held that the charge of professional
misconduct is quasi criminal in nature requires proof beyond
reasonable doubt.

2. Addressing a letter to the counsel of the opposite party (JD)

in the execution proceedings amounts to professional
misconduct.
3. Holding the money with him which he has received in the
execution proceedings without any sufficient reason amounts
to professional misconduct.

4. For this misconduct suspending him from practice for 1

year is too So the Bar Council of India's order is set aside and
he was reprimanded with strong words.

9. Dr.Haniraj Chulani v. Bar Council of Maharashtra.

Dr. Haniraj, a permanent resident of Bombay, had been a
medical practitioner since 1970. During his medical practice,
he pursued a law degree and obtained his Bachelor of Laws.
Following this, he applied to the State Bar Council of
Maharashtra & Goa for enrollment as an advocate under the
Advocates Act, 1961. He insisted that he was entitled to carry
on the profession as an advocate while continuing his medical
practice. However, the Enrollment Committee of the State
Bar Council rejected his request. He was informed on 16th
November 1992 that his application for enrollment as an
advocate was rejected. Aggrieved by this, he filed a writ
petition in the High Court of Bombay, which was summarily
dismissed. This led to the present proceedings by way of a
special leave petition.The main issue raised was whether Rule
(1) framed by the State Bar Council of Maharashtra under
Sections 28(2) and 24(1)(e) of the Advocates Act, 1961 was
ultra vires and illegal. The rule prohibits a person who is
otherwise qualified to be admitted as an advocate from being
enrolled if he is carrying on any other profession. The
appellant contended that this rule was unconstitutional as it
violated Article 19(1)(9) of the Constitution and was not
saved by sub-article (6) thereof. He argued that the rule
imposed an unreasonable restriction on the right of a citizen
to pursue any profession of his choice and was violative of
Articles 14 and 21 of the Constitution of India.
The court observed that the rule-making power has been
conferred on the State Bar Councils under Sections 15 and 28
and on the Bar Council of India under Section 49 of the Act.
The court further noted that the impugned Rule (1) framed by
the State Bar Council of Maharashtra & Goa was based on the
premise that an advocate must devote his full time and
attention to the legal profession. The rule barred an otherwise
qualified person from being enrolled as an advocate if he was
engaged in any other profession. It was because of this
provision in the rule that the appellant’s entry to the legal
profession was denied by the respondent-State Bar Council.
The court’s observations in this case shed light on the balance
between the autonomy of the Bar Councils in regulating the
legal profession and the constitutional rights of individuals to
pursue the profession of their choice. The case underscores
the importance of ensuring that rules governing professional
conduct are not overly restrictive and do not unduly infringe
upon individual rights.

10. D.C Sexena Vs. Hon’ble Chief Justice of India.

The several averments in the writ petition are scandalous and
it is surprising that the petitioner, who is, said to be a
Professor in a University, has chosen to draft and file such a
writ petition. His understanding of the meaning of Article 32
of the Constitution. The allegations made are reckless and
disclose irresponsibility on the part of the petitioner. This writ
petition is wholly misconceived and is an abuse of the process
of the Court. The writ petition has no merit.
2. The writ petition is, therefore, dismissed.
3. In view of the attitude of the petitioner even at the hearing,
when he persisted in this stand and, on our asking him,
reintegrated that he stood by the scandalous averments made
therein, we consider it our duty to issue to the petitioner a
notice to show cause why proceedings to punish him for
contempt of this Court should not be initiated against him.
The petitioner who is present in person is given notice of the
contempt petition. He is required to file his reply within four
weeks to show cause why proceedings for contempt should
not be initiated against him. We request the learned SG to
assist the Court in this contempt matter.
4. List the matter after notice of the date fixed by Registry is
given to Dr. D.C. Saxena and the SG.

5. A copy of the paper book be also sent to the SG.

After a comprehensive examination of the allegations and the
petitioner’s conduct, the Court convicted Dr. Saxena of
contempt of court. He was sentenced to three months of
simple imprisonment and fined Rs 2,000, with an additional
one-month imprisonment in default of payment.
1. UN Women
• UN Women is the primary global champion for gender equality and the empowerment of
women. Established in 2010, UN Women works to accelerate progress on the global
commitments made to achieve gender equality. It provides support to governments, civil
society, and the private sector in designing and implementing policies and programs to improve
the status of women and girls.
• Key areas of focus for UN Women include:
• Ending violence against women and girls
• Enhancing women’s participation in leadership and decision-making
• Promoting women’s economic empowerment
• Ensuring women’s rights in all spheres of life

2. Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)
• Adopted in 1979, CEDAW is often referred to as an international bill of rights for women. It is
a legally binding treaty that obliges states to take measures to eliminate discrimination against
women in all areas, including education, employment, and political participation.
• Countries that ratify CEDAW must submit periodic reports to the Committee on the
Elimination of Discrimination Against Women (CEDAW Committee), which monitors
compliance with the convention.

3. The U.N. Commission on the Status of Women (CSW)

• The CSW is the principal global intergovernmental body dedicated to the promotion of gender
equality and the empowerment of women. It is composed of 45 member states and meets
annually to assess the progress made in implementing gender equality initiatives and to make
recommendations to the U.N. and member states.
• CSW is instrumental in shaping global standards and policies concerning women’s rights and
gender equality.

4. The U.N. General Assembly and Security Council

• The U.N. General Assembly regularly discusses issues related to gender equality, including
women’s rights, and has adopted various resolutions on the advancement of women.
• The U.N. Security Council has also recognized the importance of women's participation in
peace and security. Resolution 1325 (2000) on Women, Peace, and Security is a landmark
document calling for the involvement of women in peace negotiations, conflict resolution, and
peacebuilding.
5. Sustainable Development Goals (SDGs)
• The 2030 Agenda for Sustainable Development, adopted in 2015, includes Goal 5 focused on
achieving gender equality and empowering all women and girls. This goal aims to end all forms
of discrimination, violence, and harmful practices against women and girls and ensure equal
opportunities in areas such as education, health, and economic participation.
• Various other SDGs, such as Goal 1 (No Poverty), Goal 3 (Good Health and Well-being), and
Goal 4 (Quality Education), also contribute to the broader goal of women's equality.

6. Human Rights Council and Special Procedures

• The U.N. Human Rights Council addresses women’s rights issues as part of its mandate to
promote and protect human rights globally. It convenes periodic sessions to discuss women’s
rights challenges and adopt resolutions to advance gender equality.
• The Special Rapporteur on Violence Against Women, for instance, is one of the special
procedures under the U.N. Human Rights Council that focuses on issues related to violence and
discrimination faced by women.

7. U.N. High Commissioner for Refugees (UNHCR)

• The UNHCR works to ensure that the rights of displaced women and girls are protected,
particularly in humanitarian crises. It supports programs that address sexual violence,
exploitation, and trafficking in conflict zones.

8. U.N. Population Fund (UNFPA)

• The UNFPA focuses on reproductive health and rights, which are crucial for women's
empowerment. It provides support to countries in addressing maternal health, gender-based
violence, and reproductive rights.

9. International Labour Organization (ILO)

• The ILO promotes gender equality in the world of work. It advocates for equal pay for equal
work, better working conditions for women, and policies to close gender gaps in employment.

10. UNESCO
• The United Nations Educational, Scientific and Cultural Organization (UNESCO)
promotes gender equality through education. UNESCO works to ensure that women and girls
have access to quality education, particularly in science and technology, which empowers them
to pursue leadership roles in their communities and countries.

11. Global Gender Equality Initiatives

• The U.N. also supports various global initiatives, such as the HeForShe campaign, which
invites men and boys to advocate for gender equality. The U.N. also promotes national policies
 through UN Women’s Gender Equality in the Law Program, which helps states enact laws to
protect women’s rights.
Through these various bodies and initiatives, the U.N. aims to create a world where women and girls
can live free from violence and discrimination, with equal access to opportunities and resources in all
areas of life. The advancement of women’s equality continues to be a critical part of the U.N.'s broader
efforts to promote peace, security, and sustainable development globally.

Amendents of criminal law 2013

Section 354 (Assault or criminal force to woman with

intent to outrage her modesty):
• The definition of sexual assault was broadened to include touching or striking a
woman with the intent to outrage her modesty.
• The penalty for sexual harassment and assault with intent to outrage modesty
was also enhanced.
• Section 354A (Sexual harassment):
• This section criminalizes acts of sexual harassment, including demanding
sexual favors, physical contact, and making sexually colored remarks.
• It introduced a specific punishment for sexual harassment (imprisonment up to
3 years or a fine, or both).
• Section 354B (Attack on a woman with the intent to disrobe her):
• Criminalizes the act of disrobing a woman or attempting to strip her clothes
without her consent. It carries a punishment of 3 to 7 years of imprisonment.
2. Criminalization of Stalking and Acid Attacks:
• Section 354C (Voyeurism):
• Criminalizes voyeurism, including watching or capturing images/videos of
someone in private spaces without their consent. The punishment can extend to 3
years of imprisonment.
• Section 354D (Stalking):
• This section criminalizes stalking, including following someone or
communicating with them repeatedly without their consent. The punishment can
range from 1 year to 3 years in jail.
• Section 326A (Acid Attacks):
 • Acid attacks were made a specific offense under Section 326A. Those convicted
of throwing acid at someone, with the intention to cause injury or harm, face a
punishment of 10 years to life imprisonment.
• Section 326B (Attempt to Acid Attack):
• The attempt to commit an acid attack is also criminalized and can result in a
punishment of 5 years to 7 years in jail.
3. Amendments to the Indian Evidence Act:
• Section 114A (Presumption as to Consent):
• This provision allows the court to presume that a woman did not consent to
sexual intercourse in cases where she raises the issue of lack of consent in her
testimony.
• Section 145 (Cross-examination of witness):
• Changes were introduced to make it easier for a woman to testify in cases of
sexual offenses, including rape and molestation. Cross-examination is allowed
only after careful consideration to prevent intimidation.
4. Amendments to the Code of Criminal Procedure (CrPC):
• Fast-Track Courts:
• The Criminal Law Amendment Act called for the establishment of fast-track
courts to deal with cases of sexual assault and violence, to ensure that justice is
delivered more quickly and efficiently.
• Time Limits for Investigation:
• The law mandates that the investigation of sexual offenses must be completed
within 2 months.
• If the investigation is not completed in the stipulated time frame, it must be
explained by the authorities.
5. Other Key Provisions:
• Women’s Safety and Protection of Victims:
• The law introduced additional protections for victims of sexual violence,
including medical care, psychosocial support, and legal aid.
• Victim compensation funds were created to support survivors of sexual
violence and help them rebuild their lives.

Impact of the Criminal Law (Amendment) Act, 2013:

• The 2013 Amendment made a significant impact by strengthening the laws against sexual
violence and improving the legal framework for the protection of women in India.
• The changes raised awareness about women’s safety and encouraged society to take stronger
stances against sexual harassment, molestation, and violence.
• It has also increased the penalties for various forms of sexual assault, making the law more
stringent and deterrent for perpetrators.
Criticism of the Act:
While the Criminal Law (Amendment) Act, 2013 brought important reforms, it has faced criticism in
some areas:
• Marital Rape: The law did not criminalize marital rape, which is still a gap in the protection
of women’s rights.
• Implementation Issues: The actual implementation and enforcement of these laws can be
inconsistent, and women still face challenges in seeking justice, especially in rural areas.
• Delayed Trials: Despite provisions for fast-track courts, many cases still face delays, and the
judicial process remains slow.

Conclusion:
The Criminal Law (Amendment) Act, 2013 represented a crucial step in modernizing India’s criminal
justice system, especially concerning women’s rights and protection from sexual violence. The law
introduced key reforms to make sexual violence laws more stringent and to offer better support to
victims. However, challenges remain in its implementation, and the criminalization of marital rape
continues to be a subject of debate in India.

Sexual Harassment of Women at Workplace (Prevention,

Prohibition, and Redressal) Act, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 (commonly referred to as the Sexual Harassment Act, 2013) is an Indian legislation that aims to
protect women from sexual harassment at the workplace. It provides a mechanism for women to report
incidents of harassment, ensures that employers take preventive measures, and sets forth guidelines for
handling complaints. Here's an overview of the key provisions of the Act:

1. Purpose and Scope

• The Act was enacted to safeguard women from sexual harassment at workplaces, both in the
private and public sectors.
• It applies to all types of workplaces, including government offices, private companies, non-
governmental organizations (NGOs), educational institutions, hospitals, and even domestic
work.
• The law covers women employees, but it also extends protection to women visitors at the
workplace, including clients, customers, and other people who may be present at the workplace.
2. Definition of Sexual Harassment
Sexual harassment includes any unwelcome acts, behavior, or conduct of a sexual nature, which may
include:
• Physical contact and advances.
• Demanding or requesting sexual favors.
• Making sexually colored remarks.
• Showing pornography.
• Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature.

3. Responsibilities of the Employer

• Employers are mandated to provide a safe working environment and ensure that there is no
sexual harassment.
• They must organize awareness programs or workshops to educate employees about sexual
harassment and their rights.
• Employers are required to constitute an Internal Complaints Committee (ICC) to address
complaints related to sexual harassment.
• Employers must take action against the alleged harasser and protect the complainant from any
retaliation or victimization.

4. Internal Complaints Committee (ICC)

• The ICC is responsible for investigating and resolving complaints of sexual harassment.
• The ICC must consist of:
• A presiding officer who is a senior woman employee of the organization.
• At least two members from the organization.
• One external member from an NGO or an association that works on women’s issues.
• The committee is required to complete the investigation within 90 days and submit its report.

5. Redressal Mechanism
• The Act provides for confidentiality during the complaint process to protect the identity of the
complainant.
• If the ICC finds the allegations to be true, it can recommend disciplinary action against the
harasser, which may include termination, suspension, or other measures as per the company's
policies.
• In case the complainant is not satisfied with the findings of the ICC, they can appeal to the
Local Complaints Committee (LCC) or approach the labor court.

6. Penalties for Non-compliance

• Employers who fail to establish an ICC or take preventive measures could face a fine.
 • If the employer retaliates against the complainant or fails to act on a complaint, they could face
legal action, including a fine and other penalties.

7. Compensation for Victims

• If a complaint is substantiated, the complainant may be entitled to compensation. The amount
is determined based on the severity of the incident and may include:
• Mental trauma.
• Loss of career opportunities.
• Medical expenses.
• Employers may also be required to take remedial action to ensure the safety of the complainant
at the workplace.

8. Prevention and Awareness

• The Act emphasizes the need for prevention of sexual harassment by encouraging employers
to adopt policies to maintain a safe work environment.
• It requires employers to organize training and awareness sessions for employees, both on how
to prevent harassment and on how to report it.
• Employers must display a notice regarding the prohibition of sexual harassment at the
workplace.

9. Time Frame for Complaint

• A complaint of sexual harassment should be made within three months of the incident.
However, in some cases, the period can be extended.

10. Protections for the Complainant

• The Act provides protection against victimization or retaliation for those who file complaints,
ensuring that they are not discriminated against or harassed in any form.
• The Act also ensures that there is no disclosure of the identity of the complainant without their
consent.

Conclusion:
The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act,
2013 was a significant step forward in ensuring the safety and dignity of women in the workplace. It is
a tool for empowerment, offering a structured and transparent approach to address sexual harassment
and protect the rights of women at work. The law emphasizes the importance of creating a respectful,
safe, and inclusive environment where women can work without fear of harassment.
3. Arbitration types
The many forms of arbitration in India are categorized as:
3.1 In-House Arbitration- Domestic arbitration is the process of using arbitration to settle a
dispute between two parties who are in a legal relationship and who both reside or are based
in India. In these circumstances, there is the least ambiguity as to which laws should be used
to decide the issues. The representation of parties before the arbitration tribunal is assisted
by the arbitration attorneys in India.
3.2 Arbitration internationally- International arbitration is used when one of the parties is
from a nation other than India and the issue is being arbitrated in accordance with Indian law.
In such situations, the presence of an international component is clear.
3.3 Ad- Hoc Arbitration- Ad-hoc arbitration is used when parties mutually agree to arbitrate
disputes even if there is no legal need to do so. In India, it is one of the most popular forms of
arbitration. In some situations, the disputing parties may agree to disagree on the arbitration
procedure to be used.
3.4 Fast track Arbitration- The Arbitration and Conciliation Act, 1996's Section 29B
establishes a fast track arbitration system. This method of conflict resolution through
arbitration is the most effective one available among the other types. To speed up processes,
items are typically summarized in papers.
3.5 Arbitration under Contract- A contract is a formal agreement in which the parties
stipulate a number of terms. A contract's parties may stipulate in an arbitration provision that
any disputes must first be resolved through arbitration rather than in court.