Major Judgements On Professional Or Other Misconduct

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Introduction Misconduct is the antonym of conduct. Conduct means behavior with good manners and treatment shown towards others. Misconduct represents misbehavior.  Misconduct as explained in the Dictionary is ‘improper conduct’.  The term ‘misconduct’ has been defined in Black’s  Dictionary as ‘a transgression of some established and defined rule of action, a forbidden act, a dereliction…

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Professional Ethics

Top 14 Most Important Legal Maxims Simplified

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LEGAL MAXIMS Legal Maxims are general principles of law embodied in familiar phrases which are used as guiding principles by both judges and lawyers. In other words, Legal maxims are established principles of law that are universally admitted, and people in the legal field are very well aware of these words. They are mostly Latin…

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Legal Language

Structure, Power and Functions of State Bar Council and Bar Council of India

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State Bar Councils The State Bar Councils are statutory bodies established under Section 3 of the Advocates Act, 1961. They act as regulatory bodies, making rules for the legal profession and education in their respective states and also act as the representatives of the advocates of that state, thereby acting in their interests. They work in…

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Professional Ethics

Professional And Other Misconduct

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Introduction The term misconduct and professional misconduct are not defined in the Advocates Act. However,  in the State Of Punjab v. Ram Singh, the Supreme Court observe that the term misconduct may involve moral turpitude, it must be improper or wrong behavior, unlawful behavior, willful in character, forbidden act, a transgression (उल्लंघन) of established and defined…

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Professional Ethics

Punishment and Remedies for Contempt of Court

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Punishment for contempt of court Article 129 and 215 empower the Supreme Court and the High Courts to punish its contempt. Accordingly, Section 12 of the Contempt of Courts Act, 1971 provides for punishment for contempt of court. It incorporates the type and extent of punishment which the courts can give for its contempt. According…

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Professional Ethics

Defences against Civil and Criminal Contempt

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The Law of Contempt is quasi-criminal and it results in penal consequences. Therefore, it becomes a matter of necessity that a person against whom proceedings for contempt have been initiated must be armed with certain defences. The defences available to a contemnor have been engrafted in section 3 to section 8 and section 13 of…

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Professional Ethics

Contempt of Courts Act 1971

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Meaning This term Contempt of Court can be easily understood as when we are disrespectful or disobedience towards the court of law which means that we willfully fail to obey the court order or disrespect the legal authorities. Then the judge has the right to impose sanctions such as fines or can send the contemnor to…

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Professional Ethics

Citizenship under the Citizenship Act, 1955

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Introduction Parliament, by exercise of the power given to it under Article 11 of the Constitution to make any law related to citizenship, has passed the Indian Citizenship Act, 1955. This Act provides for the acquisition and termination of Citizenship in India.  Part II of the Constitution provides provisions related to Citizenship. The Citizenship Act…

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Constitution of India

Professional Accounting Or Accountancy

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Professional Accounting or Accountancy is a process of recording financial transactions related to a business or profession. The accounting process includes summarizing, analyzing and reporting these transactions to the tax collection entities. The financial statements used in accounting are a concise summary of the financial transaction over an accounting period.  Keeping a track of transactions…

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Professional Ethics

Bar And Bench Relationship

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The Bar and Bench plays an important role in the administration of justice. The judges administer the law with the assistance of the lawyers. The lawyers are the officers of the court. They are expected to assist the Court in the administration of justice. Actually lawyers collect materials relating to the case and thereby help…

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Professional Ethics