Rajendra Law office | Civil & Criminal Litigation Advocates Chennai

Rajendra Law office | Civil & Criminal Litigation Advocates Chennai The Best Law firm in Chennai with senior Advocates for civil, property issues, Divorce and criminal cases serving Individuals, Firms, Companies, and Corporate. Visit: www.lawyerchennai.com for more details.Call: +91-9994287060
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The Best Law firm in Chennai with senior Advocates for civil, property issues, Divorce and criminal cases serving Individuals, Firms, Companies, and Corporate. Visit: www.lawyerchennai.com for more details.Call: +91-9994287060

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Tamil Nadu Courts get sweeping power to debar errant advocates

CHENNAI: A few months after the State saw the worst Bar-Bench conflict, the Madras High Court has assigned sweeping powers to itself to debar advocates from practice.
One of the six instances that would draw the High Court or a principal district court to debar an advocate is sending or spreading “unfounded and unsubstantiated allegations/petitions against a judicial officer or a judge to the superior court.” Advocates who “browbeats and/or abuses a judge or judicial officer” will also be barred from practicing law.
The Madras High Court, in what is believed to be an unprecedented move, has invoked the powers granted to it under the Section 34 (1) of the Advocates Act and amended the rules framed under the Act, which governs the conduct of advocates.
In effect, the courts may no longer have to rely on Bar Councils to take disciplinary action against advocates. The high courts and principal district courts can themselves debar an advocate after serving him a show cause summons. Both these category courts are also empowered to suspend temporarily the advocates from practice after initiating the action.
The amendments to the rules have been notified in the State gazette on May 25, the day from which it came into force.
The other acts, according to the amendment, that would lead to barring advocates were: accepting money in the name of a judge or on the pretext of influencing him; tampering with court records or orders; participating in processions inside the court campus; coming to court drunk; or surrounding or holding placards inside the court hall.
The Madras High Court premises witnessed every such act last September when advocates were up in arms against a high court order that mandated police to seize motorbikes if the riders were found without helmets on. Subsequently, a section of lawyers also protested, rallied and even indulged in a sit-in in the court hall of the first Bench of high court demanding Tamil as one of the official languages of the high court. After the protests, Madras High Court directed CISF protection for itself.
Under the new amendment, the advocates can be barred permanently or for a particular period, as the court decides. The State Bar Council, which regulates the law practice, will be informed the court’s decision by the Registrar General of high court.
In case of misconduct by an advocate in any subordinate courts, other than principal district courts, the court will send a report to the jurisdictional principal district court. The principal district court would initiate the action against the advocates.
Draconian changes, say legal practitioners

Chennai: The new amendment giving powers for courts to debar advocates from practice has drawn opposition from the advocates who say a few words in the amendment have vague meaning and hence easily abused. Especially when the misconduct by the advocates are covered by contempt laws, they say the new law can only be called draconian.Seasoned advocate NGR Prasad says the new amendment has put the legal profession itself in peril. He opined that the new amendment would make lawyers vulnerable to the judges.Until now, the State and central bar councils, which are run by members elected by the advocate fraternity, are the only bodies that can conduct disciplinary action against the advocates. The High Courts are empowered to initiate contempt proceedings against lawyers for misconduct and award punishments. To debar them from practice, the courts mostly can only make a recommendation to the bar councils. Certain clauses in the amendment are too harsh, admits senior advocate P Wilson. Lawyers point out that the words ‘abusive’ and ‘browbeating’ are not clearly defined
Duration of ban

The advocates can be barred permanently or for a particular period. The State Bar Council will be informed of the court’s decision by the Registrar General

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ON BOYCOTT:
Madras High Court
Ajay Kumar Bisnoi vs M/S.Kei Industries Limited
25 September, 2015
15. However, this Court is much concerned if the counsel who is permitted to represent the petitioners/accused is absent on the ground of boycott. In such circumstances, the Court below is at liberty to proceed in accordance with law. Persons belonging to the legal profession are concededly the elite of the society. They have always been in the vanguard of progress and development of not only law but the polity as a whole. Citizenry looks at them with hope and expectations for traversing on the new paths and virgin fields to be marched on by the society. The profession by and large, till date has undoubtedly performed its duties and obligations and has never hesitated to shoulder its responsibilities in larger interests of mankind. The lawyers, who have been acknowledged as being sober, task-oriented, professionally-responsible stratum of the population, are further obliged to utilise their skills for socio-political modernisation of the country. The lawyers are a force for the preservance and strengthening of constitutional government as they are guardians of the modern legal system. But now-a-days, unfortunately, strikes, boycott calls and even unruly are becoming a frequent spectacles and boycotting the Courts by Advocates has come a regular feature in this state and almost throughout a year, one section or the other of the members of the Bar abstain from Courts and thereby making this Chartered High Court into shattered position. No Advocate has a right to abstain from Court without first returning the briefs to his clients and refunding the fees received from them. It is well known that several clients are paying through their nose by borrowing heavily to their advocates and it is a matter of life and death for them. Advocates who are boycotting the Courts for one cause of so, should not ignore the fact that there have been several causes before the Courts pending for disposal and their act of boycotting would lead to a travesty of justice and destroy the basic democracy, which would tantamount to failure of administration of justice. Failure of a lawyer to attend to his case in Court would not only be breach of contract and breach of trust, but also professional misconduct. In such circumstances, this Court feels it appropriate to make the following:
i) No advocate has right to stall the court proceedings on the ground that advocates have decided to strike or to boycott the courts or even boycott any particular court. With the strike by the lawyers, the process of court intended to secure justice is obstructed which is unwarranted under the provisions of the Advocates Act.
ii) It is always open to the litigants to claim damages and also to move the Consumer forum for appropriate compensation and for damages that had caused to them by theirs Advocates by not representing the matters in Courts;
ii) No Advocate shall be permitted to represent the matter without robes (dress-code) on boycott day;
iii) The Courts below shall record the non-apperance of the Advocates due to boycott in the listed case proceedings and proceed with the matters on merits;
iv) After recording such non-apperance of the Advocates, the Courts below shall report the same to the Bar Council of India for appropriate action and it would facilitate the litigants to pursue the matter with the Bar Council of India.
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Even if the suit proceeds ex-parte and in the absence of a written statement, unless the applicability of Order VIII Rule 10 of the CPC is attracted and the Court acts thereunder, the necessity of proof by the plaintiff of his case to the satisfaction of the Court cannot be dispensed with."

"Merely because the defendant is absent the Court shall not admit evidence, the admissibility whereof is excluded by law nor permit its decision being influenced by irrelevant or inadmissible evidence."

Ramesh Chand Ardawatiya -Vs-
Anil Panjwani,
AIR 2003 SC 2508

"33....But there is substance in the other limb of this submission made by the learned senior counsel for the defendant-appellant. Even if the suit proceeds ex-parte and in the absence of a written statement, unless the applicability of Order VIII Rule 10 of the CPC is attracted and the Court acts there under, the necessity of proof by the plaintiff of his case to the satisfaction of the Court cannot be dispensed with. In the absence of denial of plaint averments the burden of proof on the plaintiff is not very heavy. A prima facie proof of the relevant facts constituting the cause of action would suffice and the Court would grant the plaintiff such relief as to which he may in law be found entitled. In a case which has proceeded ex-parte the Court is not bound to frame issues under Order XIV and deliver the judgment on every issue as required by Order XX Rule 5. Yet the trial Court would scrutinise the available pleadings and documents, consider the evidence adduced, and would do well to frame the 'point for determination' and proceed to construct the ex-parte judgment dealing with the points at issue one by one. Merely because the defendant is absent the Court shall not admit evidence the admissibility whereof is excluded by law nor permit its decision being influenced by irrelevant or inadmissible evidence."

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Lawyers in Chennai by Referrals from Family and Friends


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