Council

There shall be stay of the operation of the impugned order. There shall also be stay of further proceedings pending before the High Court. However, any candidate who is contesting, shall disclose the criminal antecedents in the form that is going to be filled up, said the Bench. Observing that the Madras High Court order is “moralistic”, a Supreme Court bench headed by Chief Justice of India Dipak Misra stayed the operation of high court’s February 16 directions to the Bar Council of India (BCI), the police and the Income Tax Department to ensure fake lawyers or those indulging in corruption to win elections can be weeded out in the Bar Council of Tamil Nadu and Puducherry election to be held on March 28. The bench, also comprising Justice AM Khanwilkar and Justice DY Chandrachud, however, said the candidates contesting election for the bar council should disclose their criminal antecedents. “It is a moralistic order … The impugned order to be … [Read more...] about Candidates Contesting In Bar Council Elections Shall Disclose The Criminal Antecedents: SC [Read Order]

The Bar Council of India, on Thursday, issued guidelines for Returning Officers, in wake of the recent order passed by Madras High Court, wherein the Court had issued a slew of directions aimed at ensuring free and fair conduct of elections to the Bar Council of Tamil Nadu and Puducherry. In an order issued on 16 February, the High Court had observed that the ensuing elections to the Bar Council of Tamil Nadu and Puducherry are more glorified for use of money power, communal power, political power, muscle power and liquor power. It had then set out directions for the Bar Council of India, the police and the Income Tax Department to ensure fake lawyers or those indulging in corruption to win elections can be weeded out. However, even though the Madras High Court order has been stayed by the Apex Court, which thought that the order was “moralistic”, the Council has now issued the following directions, in a letter addressed to the Secretaries of all State Bar Councils: … [Read more...] about Bar Council Elections: Post Madras HC Judgment, BCI Issues Guidelines For Returning Officers

The Bar Council of Tamil Nadu and Puducherry, on Monday, endorsed the guidelines issued by the Bar Council of India (BCI) for Returning Officers, in wake of the recent order passed by Madras High Court, wherein the Court had issued a slew of directions aimed at ensuring free and fair conduct of elections to the State Bar Council. In an order issued on 16 February, the High Court had observed that the ensuing elections to the Bar Council of Tamil Nadu and Puducherry are more glorified for use of money power, communal power, political power, muscle power and liquor power. It had then set out directions for the Bar Council of India, the police and the Income Tax Department to ensure fake lawyers or those indulging in corruption to win elections can be weeded out. However, even though the Madras High Court order has been stayed by the Apex Court, which thought that the order was “moralistic”, the State Bar Council has now added to the BCI’s guidelines, declaring a … [Read more...] about 1 Lakh Penalty On Candidate For Strewn Posters, Banners, Pamphlets Inside Court Campus: Bar Council Of Tamil Nadu And Puducherry

Delhi High Court on Tuesday stayed the notice issued by Bar Council of India to Senior Advocate Dushyant Dave based on a complaint filed by Advocate R.P. Luthra demanding immediate disciplinary action against Dave and suspension of his certificate of practice for “gross professional and other misconduct”. Justice Rajiv Shakdher  was hearing a petition filed by Dave challenging the notice. Mr. Luthra’s complaint had leveled allegations against Mr. Dushyant Dave. The GC’s resolution had then requested the Chairman, Vice-Chairman and the Chairman, Executive Committee to examine the material available on record and pass appropriate directions. Thereafter, on 24 January, the trio passed similar orders in relation to allegations of misconduct against Mr. Dave as well, directing the Bar Council of Gujarat(Special Committee) to look into the matter and decide on the complaint by 28 February. The order makes reference to Mr. Dave’s conduct in the Petition … [Read more...] about Breaking: Delhi HC Stays Bar Council’s Notice Against Senior Advocate Dushyant Dave

Delhi High Court on Tuesday stayed the notice issued by Bar Council of India to Senior Advocate Dushyant Dave based on a complaint filed by Advocate R.P. Luthra demanding immediate disciplinary action against Dave and suspension of his certificate of practice for “gross professional and other misconduct”. Justice Rajiv Shakdher  was hearing a petition filed by Dave challenging the notice. Senior Advocates Aravind Nigam, Amarjit Singh Chandhiok , Kirti Uppal and Advocates Sushil Salwan and Aditya Garg appeared for Dave. “The impugned order dated 24.01.2018 is liable to be quashed / set aside being wholly without jurisdiction and/or without any authority of law and therefore being completely void ab initio. Further, the said order has been accentuated by legal malice, issued in colourable exercise of assumption of power and to achieve a collateral purpose to harm the reputation and goodwill established and achieved by the Petitioner during his practice … [Read more...] about Breaking: Delhi HC Stays Bar Council Of India’s Notice Against Senior Advocate Dushyant Dave