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When the Court requested the advocate to remove her face cover, she asserted that a woman advocate can appear with her face covered and claimed the same as her fundamental right.
If the criminal procedures are continued in the present case, it is not likely to result in conviction and will amount to abuse of process of law.
The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.
‘The language used by the advocate had scandalized the court and such conduct also leads to interference in the administration of justice.’
Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.
The Delhi High Court refrained from taking any coercive action against advocate for contempt of Court in view of his medical condition.
MP High Court noted that even if the receipt book was not an EFT Book, it had the seal of the North-Central Railway, creating the impression of official railway documentation.
MP High Court noted that during the last hearing on 07-05-2024, the Court explicitly stated that the case would be taken up at 2:15 P.M., however, the respondents’ counsel failed to appear before the Court, demonstrating non-cooperation.
“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”
When the legal process is abused by the members of the legal fraternity, who are supposed to be its protectors and preservers, the Court must take an extremely stern view of the matter.
“It is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences.”
“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”
“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.
Supreme Court said that while acting as counsel or advocates or in their capacity as advocates, the advocates cannot undertake or volunteer to solemnize marriages. However, in their capacity as friends or relatives of the intending spouses, their role as witnesses cannot be ruled out.
The Court was of the view that a 63-year-old employee, who is to face a departmental enquiry along with the criminal trial becomes “tongue tied” and therefore he would require the assistance of a Legal Practitioner.
In its Resolution dated 17-08-2023, the Collegium recommended the names of the judicial officers and advocates to be appointed as Judges in High Courts of Gauhati and Orissa.
The Collegium recommended Biswadeep Bhattacharjee’s name keeping in mind his 30 years’ experience at the Bar and good knowledge and efficiency in handling criminal and civil matters.
The Court stated that any interference under S. 482 of CrPC would be rendering approval of the accused-advocate’s depravity and will have a chilling effect on legal profession. Thus, the accused-advocate must come clean in a full-blown trial.
The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.
The lawyers are bound by their commitment to the duties cast on them by Part VI (Rules Governing Advocates), Chapter II (Standards of Professional Conduct and Etiquette) of Bar Council of India Rules which define their duties towards the Court, Client, Opponent and Colleagues.