0704 OR 05 Other Relevant Case Supreme Court Bar Association v. Union of India & Anr

 

0704 OR 05 OTHER RELEVANT CASE SUPREME COURT BAR ASSOCIATION VS UNION OF INDIA & ANR

Case Name:

Supreme Court Bar Association v. Union of India & Anr. AIR 1998 SC 1895

Bench:

S.C. AGRAWAL, G.N. RAY, A.S. ANAND, S.P. BHARUCHA, S. RAJENDRA BABU

Citation:

AIR 1998, SC 1895, (1995) 2 SCC 584

 

Acts Included:

Article 129 and 142 of the Constitution of India

The Advocates Act, 1961

 

Facts of the Case:

             The Supreme Court of India held the Contemnor Ad Vinay Chandra Mishra guilty of the committing criminal contempt of the court and disrespect toward court. And suspended him from practicing as an advocate for a period of 3 years.

 

Issue of the Case:

Does Supreme Court suspend the license=se of a lawyer to practice, as it is exclusive jurisdiction of Bar Council a Statutory Body constituted under the Advocates Act 1961.

 

Judgement of Supreme Court of India:

             The Supreme Court overruled its earlier order of suspension of license of Advocate, as court cannot take over the role of the statutory bodies and perform their function by using its jurisdiction provided under Article 129 and 142 of the Constitution of India.

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