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BCI Case

The document discusses two disciplinary cases involving the transfer of proceedings from state bar councils to the Bar Council of India under Section 36B of the Advocates Act 1961. It highlights issues with timely disposal of complaints and the necessity for transfer if not resolved within one year. The committee recommends extending the transfer period from one year to three years to alleviate the burden on complainants traveling to New Delhi.

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280 views2 pages

BCI Case

The document discusses two disciplinary cases involving the transfer of proceedings from state bar councils to the Bar Council of India under Section 36B of the Advocates Act 1961. It highlights issues with timely disposal of complaints and the necessity for transfer if not resolved within one year. The committee recommends extending the transfer period from one year to three years to alleviate the burden on complainants traveling to New Delhi.

Uploaded by

mbhargavi790
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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BEFORE THE DISCIPLINARY COMMITTEE OF THE BAR COUNCIL OF INDIA

B.C. Tr case Number 61 of 1995

Between
J.N. KARIA Appellant
And
M.S UDESHI Respondent
AND
B.C. Tr case Number 03 of 1999
Between
M.S UDESHI Complainant
And
T. RAJA RAMMOHAN ROY Respondent

FACTS OF THE CASE:

Both these cases deal with the transfer of a case from the state bar council
disciplinary committee to the disciplinary committee of the bar Council of India.

Section 36B of the Advocates Act 1961 deals with the disposal of disciplinary
proceedings.

Clause (1) of this section reads as under:

“The disciplinary committee of a State Bar Council shall dispose of the


complaint received by it under section 35 expeditiously and in each case the
proceedings shall be concluded within a period of one year from the date of the
receipt of the complaint or the date of initiation of the proceedings at the
instance of the State bar Council, as the case may be, failing which such
proceedings shall stand transferred to the Bar Council of India which may
dispose of the same as if it were a proceeding withdrawn for inquiry under sub-
section (2) of section 36.”
ISSUES BEFORE THE COMMITTEE

In many cases it was found that the disciplinary proceedings were not taken up
and disposed off by the state bar councils within the period of one year as
stipulated above, and even then the matters were not transferred to the Bar
council of India.

DECISION OF THE COMMITTEE

The above provision Section 36 B (1) is very clear and the transfer of the case
must be done within 1 year from the date from the date of the receipt of the
complaint or the date of initiation of the proceedings by the state bar council. No
other date is required to be taken into consideration and only the above date is
valid.

The date on which the state bar council has issued the notice to the parties is not
to be taken into consideration while determining the period of one year.

However in many cases, cases are not being transferred for the reason that the
complainant cannot be asked to go to all the way to New Delhi to pursue his
original complaint. This involves lot of money as well as time.

It is therefore recommended that the period of one year shall be extended to


three years and such recommendation has been forwarded to the concerned
department.

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