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VERSUS
URGENT APPLICATION
To,
The Deputy Registrar,
Delhi High Court,
New Delhi.
Sir,
Kindly treat the accompanying petition as an urgent one in accordance with the
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Bar & Bench (www.barandbench.com)
VERSUS
NOTICE OF MOTION
Standing Counsel,
Bar Council of India,
Delhi High Court,
New Delhi
Sir,
Please find enclosed herewith a copy of Writ Petition (Civil) No. ______/ 2018,
Yours faithfully,
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Encl: As above.
Bar & Bench (www.barandbench.com)
VERSUS
NOTICE OF MOTION
Sir,
Please find enclosed herewith a copy of Writ Petition (Civil) No. ______/ 2018,
being filed on behalf of the petitioner. The same is likely to be listed before
Yours faithfully,
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Encl: As above.
Bar & Bench (www.barandbench.com)
VERSUS
MEMO OF PARTIES
VERSUS
PROFORMA RESPONDENT.
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Bar & Bench (www.barandbench.com)
VERSUS
COURT FEES
VERSUS
That by the present writ petition, the petitioner begs to impugn the order
and all consequent actions pursuant thereto. The impugned order dated
completely void ab initio. Further, the said order has been accentuated by
established and achieved by the Petitioner during his practice spread over
four decades. The said order is contrary to the provisions of the Advocates
Act, 1961 and is also violative of Articles 14, 19(1)(g) and 21 of the
Constitution of India.
and needful”.
India.
Petitioner.
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Bar & Bench (www.barandbench.com)
VERSUS
To
Advocates Act 1961 on 7th July, 1978 and has been regularly
G/293/1978.
Bar & Bench (www.barandbench.com)
2. That Respondent No. 1is the Bar Council of India constituted under
Constitution.
true copy of the said letter dated 9.2.2018 and order dated
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Respondent No. 2.
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5. That the brief facts of the case leading to the present Writ Petition
are as under:
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said order reflects that the basis for passing the same appears to
involved therein.
dated 09.02.2018. A copy of the said letter and order along with
E. The said letter along with copy of the order and the complaint of
Petitioner.
13
Court.
7. The Petitioner therefore begs to file the present Writ Petition under
prejudice to one another, and those that may arise during the
course of hearing:
GROUNDS
14
15
In the facts of the case Respondent No. 1 did not call for any
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order and thus the impugned order clearly violates the said
to the Respondent No. 1but the said powers are require the
turn power under Sub section (2) of section 36 upside down and
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rules have also not been invoked much less followed. Therefore
Bar Council of India, does not include any function of the kind
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under:
19
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“24. The scheme and the provisions of the Act indicate that
the constitution of State Bar Councils and Bar Council of India
is for one of the principal purposes to see that the standards
of professional conduct and etiquette laid down by the Bar
Council of India are observed and preserved. The Bar Councils
therefore entertain cases of misconduct against advocates.
The Bar Councils are to safeguard the rights, privilege and
interests of advocates. The Bar Council is a body corporate.
The Disciplinary Committees are constituted by the Bar
Council. The Bar Council is not the same body as its
Disciplinary Committee. One of the principal functions of the
Bar Council in regard to standards of professional conduct
and etiquette of advocates is to receive complaints against
advocates and if the Bar Council has reason to believe that
any advocate has been guilty of professional or other
misconduct it shall refer the case for disposal to its
Disciplinary Committee. The Bar Council of a State may also
of its own motion if it has reason to believe that any advocate
has been guilty of professional or other misconduct it shall
refer the case for disposal to its Disciplinary Committee. It is
Bar & Bench (www.barandbench.com)
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under:
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that even under article 142 it could not override the provisions
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well settled that “malice in its legal sense means malice such as
under:
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strong bias and prejudice against the Petitioner and has now
was clearly without any basis in facts justifying any such press
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in law.
be set aside because the order has been passed de hors facts
Committee and entrust the same with the enquiry. Under the
reflects its strong bias and prejudice against the Petitioner. The
Bar & Bench (www.barandbench.com)
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dignity and self respect” during the presentation of his case and
while otherwise acting before a court but also require that “…he
Bar & Bench (www.barandbench.com)
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impugned order are general and not specific and are really
No. 1being a statutory body could not have and ought not to
have made such incorrect allegations as the basis for its order.
aside.
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8. That petitioner submits that it has not filed any other writ petition
9. That the entire cause of action leading to the filing of the present
Petition has arisen in Delhi. The impugned order was issued in Delhi
petition.
11. That the relief is being sought against the both the Respondents.
12. That the annexures filed along with the present petition are true
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13. That the Petitioner has paid the requisitecourt fees for the instant
Hon'ble Court
PRAYER
colly);
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d. Any other relief which this Hon’ble Court may deem fit and
Petitioner.
Through
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Bar & Bench (www.barandbench.com)
32
VERSUS
1. I am the petitioner in the above case and am conversant with the facts of
3. The Petitioner has not filed a similar petition in any other Court of Law.
The annexures filed with the petition are true copies of their originals.
DEPONENT
VERIFICATION
I the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the same is false.
DEPONENT
Bar & Bench (www.barandbench.com)
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VERSUS
1. That the Petitioner has filed the accompanying writ petition and the
the filing of the present application have been stated in detail in the
writ petition and the same are not being repeated herein for the
sake of brevity. The Petitioner prays that the same may be read as
2. That upon the issue of the letter dated 09.02.2018 the next
believes that since the Respondent has already initiated the Enquiry
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4. That the Petitioner has a prima facie good case in his favour and
in the Writ Petition. The actions of the Respondent No. 1 are the
5. That the Petitioner will suffer irreparable loss and injury which
6. That this application is filed bona fide and in the interest of justice.
PRAYER
respectfully prayed that pending disposal of the present writ petition this
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c. Any other relief which this Hon’ble Court may deem fit and proper
Petitioner.
Through
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Bar & Bench (www.barandbench.com)
36
VERSUS
1. I am the petitioner in the above case and am conversant with the facts of
DEPONENT
VERIFICATION
I the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the same is false.
DEPONENT
Bar & Bench (www.barandbench.com)
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VERSUS
APPLICATION UNDER SECTION 151 OF CPC, 1908 FOR EXEMPTION FROM FILING
ORIGINAL AND/OR CERTIFIED COPIES OF THE ORIGINALS.
1. That the petitioner above named has filed the present writ petition,
PRAYER
Any other relief which this Hon'ble Court may deem fit and proper in the
the Petitioner.
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585
Bar & Bench (www.barandbench.com)
38
VERSUS
1. I am the petitioner in the above case and am conversant with the facts of
and nothing material has been concealed therefrom. The annexures are
DEPONENT
VERIFICATION
I the above named deponent do hereby verify that the contents of the above
affidavit are true and correct to my knowledge and no part of the same is false.
DEPONENT
Bar & Bench (www.barandbench.com)
39
VERSUS
INDEX
ADITYA GARG
Counsel for Petitioner.
226, Lawyers’ Chamber Block – 1,
Delhi High Court, New Delhi.
New Delhi. E: adv_garg@yahoo.com
Dated: 26.02.2018. P: +91 98102 46585