Advocates Act, 1961

The Supreme Court, hearing a suo motu criminal contempt petition against senior advocate Prashant Bhushan, affirmed his conviction for scandalising the judiciary through tweets and an affidavit alleging misconduct by judges. The Court held that the defence of truth under Section 13 of the Contempt of Courts Act, 1971 r…

The appellant, T.C. Mathai, held a power of attorney for a couple who were respondents in a criminal revision petition before the Trivandrum Sessions Court and sought the court's permission to appear and plead on their behalf. The Sessions Judge refused, stating that the request did not come from the couple, and the Hi…

The Supreme Court examined an application for restoration of a Special Leave Petition that had been dismissed for non‑prosecution. The petition was drafted by Advocate Vikas Mahajan and filed by Advocate‑on‑Record D.B. Vohra, who merely lent his name and did not take any responsibility for the case, including failing t…

Gaurav Kumar filed a writ petition challenging the fees levied by State Bar Councils (SBCs) at the time of enrolment, alleging that the amounts far exceed the Rs. 750 (general) and Rs. 125 (SC/ST) prescribed in Section 24(1)(f) of the Advocates Act, 1961, and that additional miscellaneous fees are being made a conditio…

Advocate Vikas Deshpande approached three prisoners sentenced to death, promised to represent them free of charge, and obtained their signatures on a vakalatnama and on stamp papers without explaining the contents. He later claimed a power of attorney to sell their land, sold part of it, and appropriated the proceeds a…

The appellant, an advocate, was alleged to have withdrawn a suit as settled without the client’s instructions, leading the Bar Council of India to suspend him for three years for professional misconduct. The Supreme Court examined whether the disciplinary proceeding complied with principles of natural justice, specific…

Two consumer complaints were filed before the South Mumbai District Consumer Forum, and the opposite parties objected to the appearance of an authorized agent who was not an advocate. The High Court held that the Consumer Protection Act, 1986 permits parties to be represented by authorized agents and that this does not…

The Supreme Court examined the criminal contempt proceedings against senior advocate R.K. Anand and former special public prosecutor I.U. Khan arising from a televised NDTV sting operation that captured their alleged attempts to influence a prosecution witness in the high‑profile BMW hit‑and‑run trial. The Court held t…

The Bar Council of India (BCI) challenged two Allahabad High Court writ orders that upheld the appointment of a philosopher, respondent No. 5, as Principal of Dayanand College of Law despite his lack of legal qualifications. The High Court had held that the Uttar Pradesh State Universities Act, 1973, being a later stat…

Yatin Narendra Oza, a former designated Senior Advocate and President of the Gujarat High Court Bar Association, was stripped of his senior advocate gown after making repeated allegations against judges, which the Gujarat High Court deemed contemptuous. Oza filed a writ petition under Article 32 challenging the withdra…

The case concerned the election of a Mayor and Deputy Mayor of the Bhavnagar Municipal Corporation. The incumbent Mayor and Deputy Mayor issued a notice for a meeting on 1 June 1988, but the Mayor later cancelled the notice and directed a postponement, after which a minority of councillors met and elected new officers.…

The District Bar Association of Dehradun challenged a High Court order directing Bar Associations to withdraw a long‑standing Saturday strike by advocates in Dehradun, Haridwar and Udham Singh Nagar, and to initiate disciplinary action against those who persisted. The petitioners argued that the right to strike is prot…

The petition filed by advocate R. Muthukrishnan challenged the validity of the Madras High Court's amended Rules 14A‑14D, which purported to empower the High Court to debar advocates for various forms of professional misconduct. The core issue was whether Section 34 of the Advocates Act, 1961 authorises a High Court to…

Ishwar Prasad Arya, a practising advocate, was convicted under Section 307 of the Indian Penal Code for assaulting an opponent with a knife in a courtroom and sentenced to three years' rigorous imprisonment. The State Bar Council suspended him from practice for three years under Section 35 of the Advocates Act, 1961. H…

The case arose from a strike by teachers in Uttar Pradesh in 1977, after which the State appointed 2,257 "reserve pool" teachers on a temporary basis under Ordinance No.25 of 1977. Subsequent Ordinances No.10 and No.22 of 1978 sought to absorb these teachers and give them preferential treatment in future vacancies, whi…

The Bar Council of India filed a writ petition under Article 32 challenging Rule 11 of the Kerala High Court Rules, which bars an advocate found guilty of contempt from appearing, acting or pleading in any court until he purges the contempt. The Council argued that the rule violated Articles 14 and 19(1)(g) of the Cons…

Archana Girish Sabnis, who held a Licentiate of the Court of Examiners in Homoeopathy (LCEH), was admitted to an LLB programme at the University of Mumbai, completed her law degrees and applied for enrollment as an advocate. The Bar Council of Maharashtra and Goa, and subsequently the Bar Council of India, rejected her…

The Supreme Court Bar Association (SCBA) amended its Rule 18 to introduce a "One Bar One Vote" principle, restricting voting rights to advocates who regularly practice before the Supreme Court. Two SCBA members, B.D. Kaushik and A.K. Manchanda, challenged the amendment and obtained an interim injunction restraining its…

Jamshed Ansari challenged the constitutional validity of Rules 3 and 3A of the Allahabad High Court Rules, 1952, which require an advocate not on the High Court roll to file an appointment with a local advocate before appearing. He contended that the rules violated Article 19(1)(g) of the Constitution and were ultra vi…

Prahlad Saran Gupta, a senior advocate and standing counsel for the Railways, was disciplined by the Bar Council of India for alleged professional misconduct, including drafting a notice for a private client while acting for the Railways, handing a letter to a judgment debtor to obtain a stay of execution, and wrongful…

The Supreme Court examined challenges to the Supreme Court Lawyers’ Chambers (Allotment and Occupancy) Rules, specifically the block period for meeting eligibility criteria, the requirement that applicants be members of the Supreme Court Bar Association (SCBA), and the residence requirement of being in Delhi/New Delhi.…

The petitioner filed a writ petition under Article 32 seeking a direction to bar Members of Parliament, Legislative Assemblies and Councils from practising as advocates while holding office, invoking Bar Council of India Rule 49 which prohibits advocates from being full‑time salaried employees. The Court examined wheth…

The respondent, an advocate, wrote a letter to his client demanding Rs 10,000 as a bribe to the presiding judge to obtain favorable orders. The State Bar Council found him guilty of misconduct under Section 35 of the Advocates Act, 1961 and suspended him for two years. The Bar Council of India’s disciplinary committee …

The appellant filed a consumer complaint against HDFC Bank, obtained a favorable order from the District Forum, but that order was set aside by the State Commission and later by the National Consumer Disputes Redressal Commission. The appellant’s subsequent review application before the National Commission was dismisse…

The Bar Council of Maharashtra and Goa referred a complaint filed by Khimji Devji Parmar against advocate Rajiv Narula to its Disciplinary Committee under Section 35 of the Advocates Act, alleging professional misconduct for identifying a plaintiff in consent terms of a civil suit. The Supreme Court examined whether di…

P.K. Sharma, an advocate enrolled in 1990, was complained against by Gurdial Singh for allegedly continuing a taxi business after enrollment, violating Bar Council of India Rules 47 and 48. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct and suspended him for one year.…

The petitioners sought immediate elections to the State Bar Councils, arguing that the terms of the incumbent members had expired. The Bar Council of India (BCI) contended that elections could not be held until a verification process to weed out fake lawyers was completed, as mandated by the Advocates Act, 1961 and the…

The appellants, members of a society for the prevention of cruelty to animals, filed a revision application in the Patna High Court which was to be heard by Justice S.K. Jha. They later engaged Shri Sailendra Kumar Jha, the son of Justice Jha, to appear for them, prompting concerns about a son appearing before his fath…

The petitioners challenged the Karnataka Land Reforms (Amendment) Act, 1974, which removed a landlord's right to resume tenanted land for personal cultivation, omitted protective provisions for certain classes, created tribunals with members of unspecified qualifications, and barred advocates from appearing before them…

The Supreme Court Bar Association (SCBA) filed a writ petition under Article 32 seeking a mandamus directing the Union Ministry of Urban Development to convert the entire 1.33‑acre parcel of land allotted to the Supreme Court for archives into a chamber block for lawyers, to declare the surrounding area a ‘Supreme Cour…

The appellant, a senior advocate and former legal advisor to a cooperative bank, refused to return the bank's case files after the retainership was terminated, demanding payment of alleged fees of Rs. 97,100. The bank filed a complaint before the State Bar Council, which was transferred to the Bar Council of India; the…

The appellant, an advocate practising in Bombay, was alleged to have participated in a fraudulent loan scheme by misrepresenting himself as a financier and inducing the complainant to pay large sums for legal and other expenses, after which the loan was never disbursed. The State Bar Council of Maharashtra, and subsequ…

The Bar Council of Maharashtra, a body corporate under the Advocates Act, 1961, derived income from interest on securities and enrolment fees for the assessment years 1962-63 to 1964-65. The Revenue assessed this income, but the Council claimed exemption under section 10(23A) for enrolment fees and under section 11 for…

Advanta India Ltd filed a complaint against advocate B.N. Shivanna alleging cheating, fraud and fabrication of documents, leading the Karnataka State Bar Council’s Disciplinary Committee to debar him for life. The Bar Council of India (BCI) on appeal reduced the punishment to 18 months, but Shivanna’s review petition u…

Five candidates who were serving as Assistant District Attorneys, Public Prosecutors or Deputy Advocate General were selected for the post of Additional District and Sessions Judge in Haryana through direct recruitment. The Punjab and Haryana High Court quashed their appointments, holding that they did not satisfy the …

P.D. Khandekar and A.N. Agavane were found guilty of professional misconduct by the Disciplinary Committee of the Bar Council of India for giving improper legal advice in two matters – a purported marriage and a gift deed – and were suspended for four months and two months respectively. They appealed to the Supreme Cou…

India Yamaha Motor Pvt. Ltd., the management of a manufacturing unit, challenged the competence of 113 workmen to be represented before the Industrial Tribunal by five elected workmen. The dispute centered on whether Section 6‑1 of the Uttar Pradesh Industrial Disputes Act, 1947 and Rule 40 of the Uttar Pradesh Industr…

The appellant, convicted of murder and sentenced to thirty years without remission, filed a Special Leave Petition (SLP) in the Supreme Court but suppressed the fixed‑term nature of his sentence, leading the Court to initially treat the case as a simple life sentence. The SLP was drafted by senior advocate Rishi Malhot…

The appellant, S. Ramachandra Rao, sought to have his wife—who held a General Power of Attorney (GPA) for him and was also an enrolled advocate—appear in several civil suits as his GPA holder. The Trial Court allowed her to act in that capacity, but the High Court later set aside those orders and permitted her to appea…

The Jharkhand High Court had appointed 17 Additional District Judges (ADJs) to the regular cadre under a 2001 advertisement, but later appointed another 25 ADJs as Fast Track Court (FTC) judges using the same merit list. The petitioners, sub‑judges, challenged these later appointments as illegal, arguing that FTC posts…

The Supreme Court examined the status of judges appointed on an ad‑hoc basis under the Fast Track Courts (FTC) Scheme and whether they were entitled to regularisation or absorption into the permanent judicial cadre. It held that the appointments were expressly temporary, terminable at will, and did not confer any indef…

The Supreme Court Bar Association and the Supreme Court Advocates‑on‑Record Association filed miscellaneous applications seeking clarification and modification of the directions in paragraph 42 of a September 2024 judgment that limited the marking of advocates’ appearances. They argued that the directions prejudice adv…

The Airports Economic Regulatory Authority of India (AERA) determined tariffs for aeronautical services, which were challenged before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). AERA then filed appeals under Section 31 of the Airports Economic Regulatory Authority Act, 2008, seeking to contest TDSAT…

M. Veerabhadra Rao, a junior advocate, attested a forged affidavit (Ex. A‑1) on behalf of respondent Tek Chand, enabling the procurement of an income‑tax clearance certificate and registration of a sale deed. The State Bar Council’s Disciplinary Committee found him guilty of professional misconduct for attesting the af…

The Delhi Bar Council suspended advocate Pritam Singh for three years in 1984. He continued to practice during the suspension, using the alias "P.S. Madan", and had concealed a prior conviction under the Narcotic Drugs Act at the time of his enrolment. The complainant, Sardul Singh, filed a complaint leading the Delhi …

The State Bank of India complained that D.S. Dalal and his partners, as advocates of Singh & Co., failed to file a recovery suit and misappropriated Rs. 11,475 paid for court fees and fees. The Bar Council of India, after hearing evidence that the suit filed on 15‑12‑1975 was returned by the Delhi High Court with objec…

The appellant, an advocate, was selected for appointment as a Junior Civil Judge but was not appointed because the State Government relied on a police report alleging her and her husband’s links to a banned political party. The High Court dismissed her writ petition, holding that judicial review was unavailable and tha…

The appellant K. Anjinappa filed a professional misconduct complaint against an advocate before the Andhra Pradesh State Bar Council, which failed to dispose of the complaint within the one‑year period prescribed under Section 35 of the Advocates Act, 1961, leading to its transfer to the Bar Council of India (BCI) unde…

Yogendra Singh Tomar, a practising advocate, contested the election for Chairman of the Bar Council of Uttarakhand. Three ballot papers were rejected by the Returning Officer, leading to the declaration of respondent No.3 as elected. Tomar filed a writ petition seeking a recount and treatment of the rejected votes in h…

Advocate John D'Souza drafted a will for his mother‑in‑law, Mrs Mary Raymond, and kept the original in his safe custody after issuing a receipt. After the testatrix died, the new lawyer and later the respondent, Edward Ani (the son‑in‑law and executor), wrote letters demanding the return of the will, but D'Souza failed…

The Supreme Court Bar Association filed a writ petition challenging the Supreme Court's order in Vinay Chandra Mishra, which suspended an advocate's licence for three years while punishing him for criminal contempt. The Court examined whether Articles 129 and 142 of the Constitution empower the Supreme Court to impose …

The Council of Architecture challenged NOIDA's Promotion Policy 2005, which allowed promotion to the post of Associate Architect without requiring a degree recognised by the Council. The issue was whether Section 37 of the Architects Act, 1972 bars unregistered persons from practising architectural activities and wheth…

Advocate Chander Prakash Tyagi was engaged by Banarsi Das to seek guardianship of his grandson under the Guardians and Wards Act. The complainant alleged that Tyagi, after receiving a fee, colluded with the opponents and later accepted a brief from them to file a suit against the same grandson. The State Bar Council di…

The Supreme Court examined writ petitions challenging Bar Council of India's Rule 9, which barred persons aged 45 years or more from enrolment as advocates. The petitioners argued that the rule violated Articles 14, 19(1)(g) and 21 of the Constitution and was inconsistent with Section 24 of the Advocates Act, 1961, whi…

The Supreme Court examined the widespread filing of fraudulent compensation claims under the Motor Vehicles Act and the Workmen's Compensation Act, as investigated by a Special Investigating Team (SIT) in Uttar Pradesh. The SIT reported 1,376 suspicious claims, of which 247 had been examined, leading to 92 criminal cas…

The petitioners, retired government employees who later enrolled as advocates, challenged the proviso in Section 16 Explanation II (5) of the Tamil Nadu Advocates' Welfare Fund Act, 1987 that denied a lump‑sum payment of Rs 2 lakh to the nominees of advocates already receiving pension or other terminal benefits, allegi…

Nandini Sharma and another filed a writ petition under Article 32 challenging Rule 1(b), Rule 5 and Rule 7(c) of Order IV of the Supreme Court Rules, 2013, alleging that conferring exclusive rights to practice before the Supreme Court on Advocates on Record (AOR) is unreasonable, discriminatory and violative of Article…

The petitioners, practising advocates, filed a writ under Article 32 challenging the constitutional validity of Sections 16 and 23(5) of the Advocates Act, 1961 and Rule 2 of Order IV of the Supreme Court Rules, 2013, alleging that the designation of senior advocates creates an unlawful class violating Articles 14, 19 …

The tenant, N. Chouraria, filed a complaint of misconduct against his landlord‑advocate, M.R. MurlI, alleging assaults and threats during rent‑control proceedings. The State Bar Council referred the complaint to the Disciplinary Committee of the Bar Council of India, which refused to inquire, noting the lack of any cri…

An advocate, representing accused persons in three criminal cases, filed a writ petition in the Allahabad High Court challenging the transfer of those cases from a District & Sessions Judge to an Additional District & Sessions Judge/Special Judge, alleging that the transfer hampered speedy trial. The High Court dismiss…

The Kerala Bar Council’s five‑year term expired on 27 January 1997. It sought a six‑month extension from the Bar Council of India (BCI), which circulated a resolution under Rule 6 of the BCI Rules on 13 January 1997. Only four of the eighteen BCI members approved before the expiry, falling short of the required majorit…

The appellant, an advocate, was charged by his client for failing to return a cheque handed over for filing a criminal complaint under Section 138 of the Negotiable Instruments Act and for not obtaining an acknowledgment of its return. The Disciplinary Committee of the Bar Council of India found him guilty of gross neg…

The Supreme Court examined two pivotal questions arising under the Insolvency and Bankruptcy Code, 2016: (i) whether the requirement in Section 9(3)(c) to attach a certificate from the financial institution confirming non‑payment of an operational debt is a mandatory condition precedent, and (ii) whether a demand notic…

The State Bar Council of Andhra Pradesh appealed against the Bar Council of India's Disciplinary Committee order that set aside the State Council's decision to strike off advocate Kurupati Satyanarayana for grave professional misconduct. The advocate had received Rs. 14,600 on behalf of a client in execution proceeding…

The Bar Council of Andhra Pradesh disciplined advocate B. Narayan Swamy for attesting blank stamp papers in his capacity as a Notary, finding him in violation of the Notaries Act and Section 35 of the Advocates Act. The State Bar Council imposed a lifetime debarment, which the Bar Council of India stayed and set aside,…

Jaipur Vikas Pradhikaran engaged Advocate No.1 on a retainer to defend its land‑acquisition cases. The advocate also appeared for his sister (the wife of Advocate No.3) in the same reference case, thereby creating a conflict of interest which he failed to disclose. He did not file the required written statement, did no…

The petitioners, former members of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), challenged Section 129(6) of the Customs Act, 1962, which bars a person who has ceased to be a President, Vice‑President or Member of the Tribunal from appearing before it. They argued that the provision was ultra‑vires …

The Supreme Court examined the Bar Council of India’s (BCI) Training Rules, 1995 (as amended in 1998) which mandated a one‑year pre‑enrolment training for law graduates before they could be enrolled as advocates. The petitioners challenged the Rules as ultra vires the Advocates Act, 1961 and as violative of Articles 14…

The Orissa High Court, on its administrative side, challenged its own earlier order that had struck down Rule 6(9) of the 2019 Rules allowing suo motu designation of Senior Advocates. The petitioners argued that the rule was consistent with Section 16(2) of the Advocates Act and the Supreme Court’s Indira Jaising judgm…

The Bar of Indian Lawyers filed a civil appeal challenging a National Consumer Disputes Redressal Commission (NCDRC) order that allowed a consumer complaint alleging deficiency in service against an advocate. The appellant argued that legal services are a "contract of personal service" and therefore fall within the exc…

The Supreme Court examined the procedure for designating Senior Advocates after concerns were raised in Jitender @ Kalla regarding the 100‑point assessment and the role of bar members in the Permanent Committee. It considered whether the point‑based system introduced in Indira Jaising I and modified in Indira Jaising I…

The Bar Council of India appealed against orders allowing foreign law firms and lawyers to operate in India, arguing that the Advocates Act, 1961 restricts the practice of law to advocates enrolled with the Bar Council, covering both litigation and non‑litigation work. The Supreme Court examined whether foreign entitie…

The petitioners challenged the constitutionality of the practice of designating Senior Advocates under Section 16 of the Advocates Act, 1961 and Order IV Rule 2 of the Supreme Court Rules, alleging violations of Articles 14, 15, 18 and 21 of the Constitution. The Court examined whether the power to confer the designati…

The Supreme Court revisited the guidelines it had laid down in 2017 for the designation of Senior Advocates under Section 16 of the Advocates Act, 1961. It held that voting by secret ballot should be an exception rather than the rule and that the reasons for resorting to such a vote must be recorded. The Court refined …

The Supreme Court examined the conduct of advocate Mathews J. Nedumpara, who repeatedly insulted and attempted to browbeat judges during proceedings, and held that such behaviour amounts to contempt in the face of the Court. The Court noted his prior disruptive conduct before tribunals and the Bombay High Court, conclu…

The appellant, a practising advocate, received Rs.25,102 from the respondent as court fees for filing a suit but failed to deposit the amount and later issued a cheque of Rs.38,000 to refund the fees with interest, which bounced due to insufficient funds. The Bar Council of India, after examining the receipts and the c…

The appellant, Advocate G. Lingappa, after representing the opposite side in a civil suit, persuaded the respondent, R. Janardhana Rao, to give him a personal hand loan of Rs 3,000 secured by a post‑dated cheque, which later bounced. The respondent filed a complaint before the State Bar Council alleging professional mi…

The complainant lodged a complaint before the Chhattisgarh State Bar Council alleging that Advocate Kaushal Kishore Awasthi, who had earlier represented him in a suit concerning ancestral land, improperly objected to the registration of the complainant's sale deed, claiming a debt owed to him. The State Bar Council fou…

Madhav Mareshwar Bhokarikar, a practising advocate, obtained a dealership for petroleum products and later entered into a partnership with his brother, remaining a sleeping partner. The State Bar Council, after finding him guilty of professional misconduct under s.35(3)(c) of the Advocates Act, 1961, suspended his lice…

The appellant filed a complaint under the Advocates Act alleging that the respondent advocate had filed vakalatnamas without authority and forged fictitious compromise deeds, thereby defrauding parties in consolidation courts. The State Bar Council's Disciplinary Committee examined oral and documentary evidence, includ…

The Supreme Court considered two criminal appeals filed by the Attorney General against the High Court’s order allowing the recall of all prosecution witnesses in a rape trial after the accused’s statement under Section 313 CrPC had been recorded. The accused argued that his earlier counsel was incompetent and that the…

The appellant, an advocate, was suspended for two years by the Bar Council of India on a complaint that she colluded with the opposing party and other lawyers to set aside an ex‑parte decree, allegedly acting as a mediator and misappropriating Rs. 3,500. The disciplinary committee relied on the complainant's affidavit,…

Advocate Rakesh Tiwari entered the chamber of Chief Judicial Magistrate Alok Pandey with several junior lawyers, hurled abusive language, threatened physical assault and attempted to intimidate the magistrate. The Allahabad High Court held that such conduct amounted to criminal contempt under Section 2(c) of the Contem…

Senior advocate V.C. Mishra, also Chairman of the Bar Council of India, was alleged to have shouted, threatened and insulted a judge of the Allahabad High Court during a hearing, prompting the judge to write a letter that led the Supreme Court to initiate suo motu contempt proceedings. Mishra contested the jurisdiction…

The Supreme Court considered a civil appeal by the Bar Council of India against Bonnie Foi Law College concerning the validity of the Bar Council's power to prescribe pre‑enrolment training and examinations under the Advocates Act, 1961. The Court examined three questions referred by a three‑Judge Bench: (1) whether th…

The Kerala High Court convicted advocate K.A. Mohd. Ali of criminal contempt on two occasions under Section 12 of the Contempt of Courts Act, 1971. Despite the convictions, he continued to appear before courts, prompting the Kerala State Bar Council to bar him from pleading until he "purged" the contempt, invoking Rule…

The State Bar Council of Madhya Pradesh passed a no‑confidence motion against its Chairman and Vice‑Chairman under Rules 121 and 122‑A, prompting the petitioners to challenge the validity of those rules. The petitioners argued that the rules were ultra vires Section 15 of the Advocates Act, amounted to excessive delega…

The Supreme Court examined challenges to the Haryana Ceiling on Land Holdings Act, 1972 and its subsequent amendments, focusing on the artificial definition of "family" and the double standard for fixing land‑holding ceilings under sections 4(1), 4(3), 7, 8, 9 and 11, alleged to breach Article 14. It held that the Act,…

Sushma Suri, an Additional Government Advocate with more than seven years of experience, applied for the Delhi Higher Judicial Service (DHJS) but was not called for interview. She challenged the decision, arguing that a Government Advocate remains an "advocate" under Article 233(2) of the Constitution and is therefore …

The appellant, a civil judge, was charged with possessing assets disproportionate to his known income and, during the departmental enquiry, was denied permission to engage a legal practitioner. He challenged the denial as a violation of natural justice and of M.P. Civil Services (Classification, Control and Appeal) Rul…

The Supreme Court examined an appeal by advocate P.D. Gupta under Section 38 of the Advocates Act, 1961, challenging his one‑year suspension imposed by the Bar Council of India for professional misconduct. Gupta, who had acted as counsel for a client in litigation over the estate of the deceased Srikishan Dass, purchas…

The Supreme Court examined whether borrowers classified as wilful defaulters under RBI's 2015 Revised Circular could be represented by lawyers before the in‑house committees that determine such classification. The Court held that the First and Review Committees are administrative bodies, not tribunals vested with judic…

Dr. Haniraj L. Chulani, a practising surgeon, applied for enrollment as an advocate but was rejected by the Maharashtra and Goa State Bar Council under Rule 1, which bars persons engaged in any other profession from being enrolled. He challenged the rule on grounds of excessive delegation of legislative power and viola…

L.M. Mahurkar, a sales tax practitioner with only a matriculation qualification, was denied enrollment as an advocate by the Bar Council of Maharashtra after the Advocates Act, 1961 came into force. He claimed that his prior right to appear before the Bombay Sales Tax Authority, exercised under the Bombay Sales Tax Act…

Harish Chandra Tiwari, an advocate, withdrew Rs 8118 compensation payable to his client Baiju in a land‑acquisition case and failed to return it. He further filed a forged affidavit claiming a settlement with the client. The Disciplinary Committee of the Bar Council of India found him guilty of professional misconduct,…

The Supreme Court examined multiple writ petitions challenging the legality of lawyers striking or calling for a boycott of courts. It held that advocates, as officers of the Court, have no right to strike or boycott court proceedings; such actions interfere with the administration of justice and constitute professiona…

The respondent engaged the appellant as counsel in a suit that was later compromised, directing the appellant to withdraw Rs 50,379 from the court receiver and remit the amount to the respondent. The appellant withdrew the money but paid only Rs 18,000, retaining the balance. A complaint was filed before the Bar Counci…

Mahesh Chandra Gupta filed a writ petition challenging the appointment of respondent No.3 as an Additional Judge of the Allahabad High Court, alleging that he lacked the ten‑year practice requirement under Article 217(2)(b) of the Constitution. The Court examined whether "actual practice" or merely the "right to practi…

D. Saibaba, a practising advocate, was accused by his estranged wife of professional misconduct for continuing to hold a telephone booth allotted in the handicapped quota. The Bar Council of India directed him to surrender the booth and, after his failure to do so within a short period, ordered his deletion from the ro…

The appellant, an advocate enrolled with the Bar Council of Gujarat, was subjected to disciplinary proceedings initiated by the State Bar Council after a complaint was filed. The State Bar Council failed to dispose of the complaint within the one‑year period prescribed under the Advocates Act, 1961, and consequently th…

The appellant, advocate D.P. Chadha, was engaged by his client, Triyugi Narain Mishra, to defend an ejectment suit. While the client was away, Chadha used a blank vakalatnama and blank paper signed by the client to fabricate a compromise petition and a receipt, causing a decree for eviction without the client’s knowled…

The petitioner, a practising advocate, filed a public‑interest writ under Article 32 seeking to restrain the Bar Council of Maharashtra and Goa, the Bombay Bar Association and the Advocates' Association of Western India from pressuring the Chief Justice of the Bombay High Court, Justice A.M. Bhattacharjee, to resign an…

Advocate Mahipal Singh Rana threatened a civil judge in Etah on two occasions, leading the Allahabad High Court to convict him of criminal contempt under the Contempt of Courts Act, 1971 and impose two months' imprisonment, a fine, and a ban on appearing in Etah courts until he purged the contempt. The High Court also …

The petitioner, a jewellery businessman, alleged that two respondents conspired against him, leading to false criminal cases and defamatory media coverage. He filed a writ petition in the Bombay High Court seeking investigation, compensation, and other reliefs, which the High Court dismissed on the ground that each pra…

The appellant purchased agricultural land from a tribal seller with collector's permission, but the Sub‑Divisional Officer, invoking the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, ordered restoration of possession to the tribal buyer. The appellant appealed, arguing that sections 3(1) and 4 of the …

The case involved two complaint proceedings under Section 138 of the Negotiable Instruments Act where the complainant died during trial, leaving heirs who had executed general powers of attorney. The heirs' attorneys filed applications under Section 302 of the Code of Criminal Procedure seeking permission to continue t…

The petitioner, a practising advocate, filed a writ petition alleging that he was handcuffed while being taken to court and that the Union Government had failed to issue guidelines on handcuffing as required by the Prem Kumar Shukla judgment. The petition also sought a mandamus directing the Central Government to bring…

The Supreme Court considered an application by the Deputy Manager of Goa Antibiotics & Pharmaceuticals Ltd., who held a power of attorney, to appear and argue the case on behalf of the company. The Court examined Sections 29, 32 and 33 of the Advocates Act, 1961, which restrict the right to practice in courts to enroll…

The case concerned a former advocate who had become a judicial officer, was dismissed for corruption, and later sought to resume legal practice. After his resumption, members of the local bar objected and the Bar Council of India initiated disciplinary proceedings under Section 35 of the Advocates Act, alleging miscond…

V.P. Kumaravelu, appointed City Government Pleader, failed to prosecute two civil suits, resulting in ex parte decrees against the State of Tamil Nadu. The Bar Council of India, after a disciplinary proceeding, found him guilty of negligence and professional misconduct and imposed a severe reprimand. On appeal, the Sup…

The appellant, a practising advocate, certified the solvency of a surety for his client in a bailable offence, violating Rule 10 of the Bar Council of India’s professional conduct rules. The Disciplinary Tribunal of the Bar Council suspended him for one month, and his appeal to the Supreme Court was dismissed by the Tr…

N.G. Dastane, an aggrieved witness, filed a complaint against advocates Shri Shrikant S. Shivde and his colleague for repeatedly seeking adjournments to avoid his cross‑examination in a theft‑of‑electricity case, despite his presence in court. The Judicial Magistrate granted each adjournment, causing hardship to the wi…

Satish Kumar Sharma, a full‑time salaried law officer of the Himachal Pradesh State Electricity Board, was enrolled as an advocate in 1984. After more than a decade, the Himachal Pradesh Bar Council cancelled his enrollment, invoking Rule 49 of the Bar Council of India Rules, which bars full‑time salaried employees fro…

The State Bar Council of Madhya Pradesh held elections in June 2014 to choose its representative to the Bar Council of India (BCI). After the Chairman was elected on 29 June 2014, the meeting was adjourned and a special meeting was convened on 2 August 2014 without issuing a fresh agenda or the statutory notice require…

The Zila Dastavej Lekhak Association, representing persons licensed under the Uttar Pradesh Document Writers' Licence Rules, 1977, challenged the validity of Rule 6(2) which excludes advocates (and parties) from the requirement of obtaining a licence to draft and present documents for registration. The Association argu…

Indira Jaising filed a writ petition under Article 32 challenging the designation of senior advocates under the Advocates Act, 1961. The Supreme Court reserved its order on 21 October 2016, but an application by R.R. Nair sought recall, arguing that non‑designated lawyers were not heard fully and that a related High Co…

Baldev Raj Sharma obtained a two‑year LL.B (Academic) degree as a private candidate from Kurukshetra University and later completed the third year of the professional LL.B as a regular student at Kanpur University, receiving the LL.B (Professional) degree in 1982. He applied to the Punjab and Haryana State Bar Council …

In 1978 the Delhi Bar Council added a proviso to Rule 3(j) of its Election Rules requiring advocates to submit a declaration confirming certain qualifications, failing which they would be excluded from the electoral roll. About 2,000 advocates were omitted, the electoral roll was used for the Bar Council election and t…