When is a person disqualified for enrollment as an advocate? What are the punishments for misconduct under the Act?
Answer -
Section 24A which has been inserted by Advocate (amendment) Act 1973 lays down the condition under which a person shall be disqualified for being enrolled as a member of the state bar council. Originally there were two grounds of disqualification ,namely,
1) Conviction of an offence involving moral turpitude.
2) For conviction of an offence under the untouchability (offence) Act 1955 . However, a third clause has been inserted by the amendment of 1993 that dismissal or removal from employment or office under the state on any charge involving moral turpitude.
Thus Section 24A which provide for the grounds of disqualification are as under.
1) No person shall be admitted as an advocate on a state roll -
A) if he is convicted of. Any offence involving moral turpitude
B) If he is convicted of any offence under the provisions of the untouchability (Offence) Act 1955 .
C) If he dismissed or removed from employment of office under the state on any charge involving moral turpitude.
Explanation
In this clause the expression state shall have the meaning assigned to it under Article 12 of the constitution :
provided that the disqualification for enrollment as aforesaid shall cease to have effect after a period of two years has elapsed since is release or dismissal or as the case may be removal.
A) if he is convicted of. Any offence involving moral turpitude
B) If he is convicted of any offence under the provisions of the untouchability (Offence) Act 1955 .
C) If he dismissed or removed from employment of office under the state on any charge involving moral turpitude.
Explanation
In this clause the expression state shall have the meaning assigned to it under Article 12 of the constitution :
provided that the disqualification for enrollment as aforesaid shall cease to have effect after a period of two years has elapsed since is release or dismissal or as the case may be removal.
2. Nothing contingent in subsection (1) shall apply to a person who having been found quality is dealt with under the provision probation of the offender Act, 1958 .
The above part from provisions of disqualification of any advocate the Maharashtra and Goa bar council under rule 1 (1) Denies simultaneous practice of another profession along with the practice of law. The famous case in this respect is Dr. H.L .Chulani Vs Bar council of Maharashtra and Goa,1996.
0 comments:
Post a Comment