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Format on Proceedings and Exhibits by BCI Format on Proceedings and Exhibits by BCI

Bronze medal Reporter Adv Rose Posted 12 Jan 2019 Read More News and Blogs
Format on Proceedings and Exhibits by BCI

Proceedings and Exhibits

The Disciplinary Committee shall hear the Attorney General or the Additional Solicitor General of India or the Advocate General, as the case may be or their advocate and parties or their advocates.

The matters can be heard and determined on documents and affidavits. Unless the committee is of the opinion that it should be in the interest of justice to permit cross-examination of the deponents or to take oral evidence, in which case the procedure for the trial of civil suits shall as far as possible be followed.

On every document admitted in evidence, the following endorsement shall be made which shall be signed by the Chairman or any member of the Committee:

The Disciplinary Committee of Bar Council of …………………

Exhibit No …………………………

Date of Document…………………………

Produced by ……………………………

Date ……………………………….

Signature of ……………..

The exhibits shall be marked as follows: –

a.    Those of the complainant as C1,C2, etc.

b.    Those of Respondent as R1, R2,etc.

c.    Those of Disciplinary Committee as D1, D2, etc.

The Disciplinary Committee may at any stage direct the parties or their advocates to furnish such further and better particulars, as it considers necessary.

Record of Proceedings

Every Disciplinary Committee shall make a record of its day-to-day proceedings.

The Registrar of the Disciplinary Committee shall maintain a case diary setting out shortly in order of date, all relevant information concerning the date of filing, the date for hearing and despatch.

The case diary shall also have the details of service of the notices on the parties or the Advocates or the Attorney General or the Additional Solicitor General or the advocate General as the case may be, of statements or petitions filed and/or of their order, and of other proceedings in the matter before the Committee.

Withdrawal of Proceedings

Where a State Bar Council makes a report, the Secretary of the State Bar Council shall send to the Secretary of the Bar Council of India, all the records of the proceedings, along with the report.

An application by a person interested in the withdrawal of a proceeding shall sign the same. It shall set out the necessary facts supported by an affidavit and accompanied by the fee prescribed.

For making an order on an application of a party or otherwise for withdrawal of an application, the Disciplinary Committee of the Bar Council of India may:

a.    Call for a report of the Disciplinary Committee seized of the proceedings;

b.    Issue notice to the respondent;

c.    Require the parties to file such statements as it considers necessary;

d.    Call for the records of the proceedings; and

e.    Examine any witnesses.

In the proceedings before the Disciplinary Committee of Bar Council of India, the parties may appear in person or by an advocate who shall file a vakalatnama.

On consideration of the report of a State Bar Council or otherwise, the Disciplinary Committee of the Bar Council of India shall pass such orders as it considers proper.

Lawyers in India can help you to know more about it.

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