AIR 1989 SUPREME COURT 245 ::1989 SCFBRC 62 ::1989 (1) Civ LJ 407 ::(1989) 1 All RentCas 72 ::1989 SCC (Cri) 625 ::(1988) 2 CurCC 920 ::(1989) BLJ 116 ::1989 (1) Ker LT 116 ::1988 23 Reports 484 ::1989 SCC (Supp) 2 25 ::(1989) 1 UPLBEC 58 ::(1989) 1 APLJ 25 ::(1988) 4 JT 376 (SC) ::ILR 1989 KanT 292

Supreme Court Of India

Hon'ble Judge(s): M. P. Thakkar, B. C. Ray , JJ

(A) Advocates Act (25 of 1961) , S.35, S.42, S.60— Bar Council of India Rules (1975) , Part VII Chap.I R.8, Part VI Chap.II R.19— Professional misconduct by Advocate - Procedure for Disciplinary Committee - Principles of natural justice apply - Proceeding to straightway recording evidence without framing charge specifying nature of misconduct attributed and without framing issue is illegal. Professional misconduct - Inquiry - Natural justice - Principles - ApplicabilityAdvocate - Professional misconduct - Procedure of Disciplinary Committee In the area of disciplinary proceedings against Advocates, the following principles apply; (1) In exercise of powers under Sec. 35 contained in Chapter V entitled "conduct of Advocates', on receipt of a complaint against an Advocate (or suo motu) if the State Bar Council has `reason to believe' that any Advocate on its roll has been guilty of "professional or other misconduct". Disciplinary proceeding may be initiated against him. (2) Neither Section 35 nor any other provision of the Act defines the expression legal misconduct or the expression `misconduct'. (3) The Disciplinary Committee of the State Bar Council is authorised to inflict punishment, including removal of his name from the rolls of the Bar Council and suspending him from practice for a period de....