Rules Regarding the appeal to the Bar Council of India under Section 37 of the Advocate Act,1961.

Rules regarding the appeal to the bar council of India under section 37 of the Advocate Act 1961- 

 Rule 19 : (1) An appeal to the Council provided under Section 37 of the Act shall be in the form of memorandum in writing as set out in Rule 21 in this Chapter. If the Appeal is in language other than English it shall be accompanied by a translation thereof in English.

(2) In any appeal filed under Section 37(1) of the Act, all persons who were parties to the original proceedings shall  alone be impleaded as parties.

 (3) Save as otherwise directed by the Disciplinary Committee of the Council, in an appeal by the Advocate against an order under Section 35,  in case of death of the complainant the legal representatives of the complainant shall be made parties.

 Rule 20 : (1) An AppeaI may be presented by the appellant or his  Advocate or by his recognised agent in the office of the bar council of India, or  sent by registered post with acknowledgement  due so as to reach the secretary, Bar Council of India on or before the last day of limitation.

( 2) Any appeal may be admitted after the period of limitation if the appellant satisfies the disciplinary committee that he ha s sufficient cause for not preferring the appeal within such period. Any such application for the condonation of delay shall be supported by the affidavit. 

 Rule 21 : (1) The Memorandum of appeal referred to in Rule19(1) of this Chapter shall contain necessary particular as in the form G Form G

See format of Form G

The Memorandum of appeal shall state when the order was communicated to the applicant, and how it is in time.

(2) Along with the Memorandum of appeal, the Appellant shall file : 

(a) either the authenticated or the certified copy of the order appealed against, signed by the Registrar of Disciplinary Committee;  and

(b) Five additional copies of the Memorandum of appeal and of the order appealed against, if there is only one respondent, if there is more than one respondents such a number of additional copies as may be necessary. All copies shall be certified as true copies by the Appellant or by his Counsel .

(3) Every Memorandum of appeal shall be accompanied by the prescribed fees in cash. In case the memo is sent by post it shall be accompanied by the  Money Order Receipt issued by the post office.

(4) If the papers filed in an appeal are not in order, the registrar shall require the Appellant to remove such defects within a specified time.

 Rule 22 : (1) Subject to the provisions contained Rule 29 (2) in this Chapter, the Chairman of the Executive Committee or in his absence of the Vice Chairman of the Executive Committee or such other member authorised in this Behalf by the Council shall have the power to allocate matters relating to the Disciplinary Committee.

(2) Any matter allotted to a  particular Disciplinary Committee which has not been heard may be reallocated to a different Disciplinary Committee.

(3) Notwithstanding the provisions of Rule 30 in this part of the chairman of any Disciplinary Committee shall have power to issue interim order on urgent matters which may be placed before him by the Registrar. 

Rule 23 : Subject to any resolution of the Bar Council of India, in this behalf relating to the place of hearing, the chairman of the Disciplinary Committee concerned shall fix the date, hour and place for the hearing of the Registrar.

 Rule 24 : (1) The appellant shall be required to file six typed sets of the following papers properly Paged and indexed if there is only ones respondent,  and as many more sets as there maybe additional respondents for the use of the disciplinary committee and by the other parties and for the record  - 

(a) the complaint, statement in the defence of the Advocate ; 

(b) the evidence oral and documentary and such other papers on which parties intend to rely .

(c) any other part of the record as may be directed by the Committee.

 Where any of the above papers is in a language other than English then  English translation thereof shall be filed.

Rule 25 : The Registrar shall give notices to the parties or their Advocates or their recognized agents informing them of the date, time and the place of the hearing Appeal.  A copy of the Memorandum of appeal shall be sent to the respondent along with the notice of the Appeal.

 Rule 26 : (1) No appeal filed under Section 37 of the Act against an order of punishment of an advocate shall be permitted to be withdrawn on account of settlement or compromise on adjustment of the claim against the Advocate. 

(2) Every appeal filed under section 37 of the Act against an advocate shall abate on the death of the Advocate so far as he is concerned .

 Rule 27 :  In regard to appearance of the party in appeal, Rule 6 of this Chapter will apply, for example the parties can appear in person or by an advocate who should a Vakalatnama

 Rule 28 :  (1) The Registrar shall issue notice to the state Council concerned for the complete records to be sent to the Council.

 (2) The Registrar of the state Council concerned shall send along with the records list containing particulars.




Must Read .... 1)  Remedies against the order of punishment passed by the Disciplinary Committee

                      2) The functions of Bar Council of India 

                      3)  Punishments that can be given to an Advocate under the Advocates Act,1961 for professional misconduct