BAR COUNCIL OF MAHARASHTRA Vs. M V DABHOLKAR

JUDGEMENT

(1.) These appeals were placed before this Bench for consideration of the question whether the Bar Council of a State is "a person aggrieved" to maintain an appeal under Section 38 of the Advocates Act, 1961 hereinafter called the Act.

(2.) The Bar Council of Maharashtra on 8 August, 1964 considered a complaint received from the High Court against the respondents and resolved that the complaint received from the High Court against the respondents be referred to the disciplinary committee. Another resolution was passed by the Bar Council of Maharashtra on the same day whereby Messrs Hotchand Advani, R.W. Adik and S.C. Chagla were elected as members of the disciplinary committee to enquire into the complaints.

(3.) The aforesaid disciplinary committee met on 19 March, 1965 and heard the Advocates for the Bar Council of the State of Maharashtra. After considering the papers placed before the committee, it directed the Registrar to issue notices under Section 35(2) of the Act to the "parties concerned including the Advocate-General". The committee also expressed the opinion that "there is a prima facie case of professional misconduct".