Tag: Bar Council

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark
Supreme Court

Lawyer’s Reputation Restored: Supreme Court Wipes Clean High Court’s “Professional Impropriety” Remark

The Supreme Court expunged adverse remarks made by the High Court against an advocate, holding that such observations could have been avoided. The Court considered the possibility of a bona fide omission by the counsel, who was not involved in the connected case, and ruled that the expunction of the adverse comments was warranted in the circumstances of the case. Facts Of The Case: The appellant, an advocate named Siddharth Gupta, filed a writ petition before the High Court of Madhya Pradesh on behalf of his clients. During the proceedings, he relied upon a decision of the Supreme Court in the case of Index Medical College Hospital & Research Centre. The Division Bench of the High Court, in its final order, made adverse observations against the appellant, noting that his conduct "bor...
Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion
Supreme Court

Supreme Court Clarifies Rules for Senior Advocate Designation: Transparency vs. Discretion

The Supreme Court upheld the validity of Rule 6(9) of the High Court of Orissa (Designation of Senior Advocate) Rules, 2019, which permits the Full Court to designate advocates as Senior Advocates suo motu based on exceptional merit. The Court clarified that such designations must adhere to the principles of fairness, transparency, and objectivity, as outlined in Section 16(2) of the Advocates Act, 1961, and the guidelines inĀ Indira Jaising v. Supreme Court of India. The judgment emphasized that the suo motu power of the Full Court is supplementary to the application-based process and does not undermine the statutory framework. The amended Rule 6(9) was upheld, ensuring alignment with constitutional principles. Facts Of The Case: The case arose from a challenge to the High Court of Oriss...