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AIR 2012 SUPREME COURT 628
::2012 AIR SCW 317
Supreme Court Of India
(From : Madhya Pradesh)
Hon'ble Judge(s):
R. M. Lodha,
H. L. Gokhale
, JJ
(A) Advocates Act (25 of 1961) , S.37, S.42— Civil P.C. (5 of 1908) , O.41 R.22— Cross appeal - Maintainability - Section 37 of Act does not contemplate cross appeal - Provision of O. 41 R. 22 Civil P. C. not made applicable to Advocates Act - Hence cross appeal before Disciplinary Committee not maintainable. @page-SC629 The Code of Civil P. C. has not been applicable as it is to the proceedings before the Disciplinary Committee. Section 42 of the 1961 Act makes applicable provisions of the Code in respect of matters contained therein while providing that the Disciplinary Committee of a Bar Council shall have the same powers as are vested in a civil Court. The matters contained in Section 42 do not refer to the appeals. Thus, the provisions contained in Order 41 of the Code, including Rule 22 thereof, have no applicability to the proceedings before a Disciplinary Committee. There is no provision like Order 41 Rule 22 of the Code in the 1961 Act. The cross-objections titled 'cross-appeal' preferred by the advocate appellant being wholly mis-conceived have rightly been held to be not maintainable by the Disciplinary Committee of the Bar Council of India.(Para 11 13) (B) Advocates Act (25 of 1961) , S.37— Misconduct - Appeal before disciplinary commi....
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