Court : Kerala
Reported in : 1963CriLJ359
..... the rule referred to is rule 30 read with rule 12 (d)(2) of the rules framed by. the travan-core-cochin high court under section 16 of the indian bar councils act, xxxviii of 1926. it is contended before me that rule 30 is ultra vires the power of the high court and should not therefore be considered as limiting the discretion ..... vested in the insolvency court to direct payment of a reasonable remuneration to the revision petitioner for the work done by him. section 16 of act xxxviii of 1926 reads:16. power to fix fees payable as costs: the high court shall make rules for fixing and regulating by taxation or otherwise the fees ..... an advocate of this court, sri a.v. moothedan, raises the question regarding the advocate's fee payable to him for certain proceedings under section 4 of the insolvency act 1956 for the conduct of which he was engaged by the official receiver with the sanction of the court. these proceedings, i am told, ended successfully ana the estate .....
Tag this Judgment!Court : Delhi
Reported in : AIR2005Delhi41; 99(2004)DLT115; 2004(77)DRJ686
..... and etiquette to be observed by advocates. section 50 is a repealing provision. section 15 of the indian bar councils act,1926 has been repealed. section 15 of the indian bar councils act,1926 reads as under:-15. general power of bar councils to make rules.- a bar council may, with the previous sanction of the high court for which it is constituted, make rules consistent ..... the high court may require rules to be made under this section.16. it is also relevant at this juncture to refer to section 14 of the indian bar councils act,1926 and the same is reproduced as under:-14. right of advocates to practice.-(1) an advocate shall be entitled as of right to practise-(a) ..... 1959 which was published in the punjab government gazette on 27th march,1959. notification makes it clear that the provisions of sections 3 to 16 of the indian bar councils act,1926 having come into force in respect of the east punjab high court by virtue of east punjab government, home/judicial notification 5056-jj-48/52532, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H330
..... the rules incorporated in part i of chapter 6-i of vol. v of the rules and orders of this court have been adopted under section 16 of the indian bar councils act vide high court notification dated january 13, 1949, rule 16 of those rules is in the following words:--'notwithstanding anything contained in the rules of the court and ..... 16, 1973, was, however, filed before me on may 9, 1973, one day before the conclusion of the arguments of the election petitioner. section 16 of the bar councils act, 1926 provides that the high court shall make rules for fixing and regulating by taxation or otherwise the fees payable as costs by any party in respect of the fees ..... by the election petitioner the costs incurred by the returned candidate in contesting the petition on account of the mandatory requirements of the proviso to section 119 of the act which states that where a petition is dismissed under clause (a) of section 98, the returned candidate 'shall be entitled to the costs incurred by him in .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1989AP200
..... provisions. in the year 1953-54 in which the petitioner claimed to have been enrolled as an advocate, the relevant law in force was the indian bar councils act, act no. xxxviii of 1926. section 8 of the indian bar councils act provides thus :'8. enrolment of advocates : --(1) no person shall be entitled as of right to practise in any high court, unless ..... shall be entered the names and addresses of: (a) all persons who were entered as advocates on the roll of any high court under the indian bar councils act, 1926 immediately before the appointed day including persons, being citizens ot india, who before the 15th day of august, 1947, were enrolled as advocates under the said ..... the house number was not given in the writ petition and that the certificate was claimed to have been destroyed by his stepmother. but the indian bar councils act itself provides the procedure regarding the enrolment under s. 8, and under sub-section (6) the high court communicates a copy of the certificate to the state .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1932Bom199; (1932)34BOMLR443
..... very doubtfulas to the jurisdiction of the court to order that person to pay the costs of the proceedings. under section 10 of the indian bar councils act the court can refer a matter to the bar council and appoint a tribunal to hear it. the tribunal can make its own rules under section 12, and it reports its finding to ..... take no action on the petition.4. it has been argued that we ought to order the petitioner to pay the costs of the proceedings. undoubtedly, the indian bar councils act as at present framed does enable unscrupulous persons to put advocates to great expense and inconvenience by presenting a petition containing untrue statements. but i am, as ..... i have no doubt that the high court would have dismissed the matter summarily. but under the indian bar councils act the court, when a complaint is made, can only dismiss it summarily or else refer it to a tribunal of the bar council to inquire into. the court would not generally be justified in dismissing a petition summarily unless .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1954Bom478; (1954)56BOMLR838; ILR1955Bom11
..... high court' relates only to the words 'any other law' and cannot relate back to the words ' anything contained in the indian bar councils act, 1920' and therefore the provisions of the indian bar councils act, 1926, are wholly inapplicable to the advocates of the supreme court.the learned government pleader on the other hand contends that the clause ..... .' relates not only to the words 'any other law', but also reaches back to the words 'anything contained in the indian bar councils act, 1926' and therefore only such provisions of the indian bar councils act, as regulate the conditions subject to which a person not entered in the roll of advocates of a high court may be ..... we must, therefore, uphold mr. gauba's contention that the clause 'regulating the conditions etc.' cannot reach back to the words 'anything contained in the indian bar councils act, 1926.' this would, however, not help mr. gauba's contention that he is not subject to the disciplinary jurisdiction of this high court and that .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal551
..... 1948, and in those circumstances we are prepared to lean in his favour as far as it is possible for us to do.14. section 10(1) of the indian bar councils act, 1926, provides that the high court may reprimand, suspend or remove from practice any advocate of the high court whom it finds guilty of professional or other, misconduct ..... this court under the provisions of section 12(2) of the indian bar councils act, 1926, and the matter now comes before us for final decision under the provisions of sub-section (4) and (5).5. the facts are no longer in dispute ..... the conviction upheld, it was referred by a resolution of the full court, dated june 25, 1951, to the bar council for an enquiry under section 10(2) of the indian bar councils act, 1926. in due course, a tribunal of the bar council held an enquiry and recorded its finding in a report, dated august 27, 1951. that report has been forwarded to .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All536
..... application in this court for admission as an advocate. notice of the application was, in accordance with the rules made under section 9 of the indian bar councils act, 1926, served on the bar council which on 19-5-1952, objected to the admission of the applicant on the ground that the sixth proviso to rule 1 of the rules as ..... to a larger bench.3. the applicant has appeared in person and he has argued his case very well.4. the rules made by the bar council under section 9 of the indian bar councils act, 1926, were amended in certain material respects in 1950 and 1951, the material notifications being published on 16-12-1950, and 6-10-1951. ..... well established but it has no application in the present circumstances, for it is not suggested that the amendments made to the rules under section 9 of the indian bar councils act would be applicable to applications for enrolment 'other than such applications as were made subsequent to the date upon, which such amendments took effect.5. we are .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1935Bom1; (1934)36BOMLR1136
..... arise in england. in our opinion, the english cases provide no justification for restricting the natural meaning of the words 'professional or other misconduct' in the indian bar councils act, and that meaning is misconduct in a professional or other capacity. in our view, the legislature intended to confer on the court jurisdiction to take action ..... under section 25 the court may take action on reasonable cause. but the fact that the legislature has chosen to use the word 'misconduct' in the indian bar councils act rather than the more indefinite phrase, 'reasonable cause,' is no reason for restricting the natural meaning of the word. the english cases on the subject do ..... in english law in a similar connection. it is true that the word 'misconduct' in legislation upon this subject appears for the first time in the indian bar councils act. under regulation ii of 1827, section 56, which is the first legislative enactment on the subject, the court can take action against a pleader accused of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC385; (1970)2SCC484; [1971]1SCR863
..... purpose for which the highest law officer of the state, the advocate-general, is brought in not only in the act, but also in the indian bar councils act of 1926 (act 38 of 1926) (hereinafter referred to as the bar councils act) is to subserve the public interest, namely, of seeing that the integrity and honesty of the legal profession are ..... court(1) which was a case of an appeal by special leave from an order of the high court at madras under s. 12 of the indian bar councils act debarring the advocate for a period of five years on charges of misconduct which were held by the high court as proved. in the ultimate paragraph of ..... and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils and an all india bar. it replaced the earlier acts governing the legal profession particularly the indian bar councils act 1926. prior to the passing of the advocates act, the enrollment and discipline of legal practitioners was in the hands of the courts and .....
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